RAJ BAHADUR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard counsel.

(2.) This is an appeal against the judgment and order dated 26-11-1988 passed by Shri V. K. Jain, the then Additional Sessions Judge, Etah in S. T. No. 167 of 1987 (State v. Raj Bahadur and others), whereby he convicted accused-appellants Raj Bahadur Singh and Ram Nath Singh for the offence under Section 302 read with Section 34 I.P.C. and sentenced them to suffer R. I. for life.

(3.) The deceased in the present case is Shri Pal Singh. Vijendra Singh informant (PW 1) was his son. Raj Bahadur Singh and Ram Nath Singh accused-appellants are real brothers inter se. Their brother Ashok Singh was also named in the F.I.R. in the present case but he was absconding during the investigation and so the present accused-appellants only were charge-sheeted and committed to the Court of Session and were tried by the Additional Sessions Judge about the murder of the deceased as aforesaid. Narendra Singh (PW 2) was another son of the deceased. All these persons were residents of village Hathaura Kheda, Police Station Patiyali, District Etah. In the said village a chak road belonging to the Gaon Samaj was running from East to West. There was house of Raj Bahadur Singh accused-appellant No. 1 towards its North and on the west of this house there was open land of Shri Pal deceased and to the west of which across the Rasta there was house of Ram Nath Singh accused-appellant No. 2. To the south of the Rasta there was an agricultural field of Shri Pal deceased.