VIJAI AND OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Dileep Kumar, Advocate assisted by Sri Bhuvnesh Kumar Singh, learned counsel for the appellants and Sri Jai Narayan, learned AGA for the State and perused the record.

(2.) This criminal appeal has been preferred against the judgment and order dated 19.6.1981 passed in S.T. No.236 of 1979 State Vs. Genda and four others u/s 147, 148, 302 read with 149 IPC, Police Station Sheohara, district Bijnore whereby the appellant Vijay and Udai have been convicted and sentenced u/s 302 read with 34 Penal Code with life imprisonment each while rest of the accused have been acquitted.

(3.) In brief the prosecution case is that the informant Layak Singh (P.W.6) and his maternal uncle Genda Singh (accused) used to live in the same house separately and had a common Sehan. Till about four years ago, his uncle used to plough the whole land and also used to keep the crop and when he separated from him, he started causing harm due to enmity at several times. Yesterday the son of Genda Singh namely Vijay had taken away rassi (rope) regarding which at about 8 p.m., his son Veer Singh told him as to why he had taken away the rope without permission and why he had been causing harm to agriculture almost everyday and how long they should tolerate this. At this Vijay and Udai and their father Genda Singh (co-accused) (all the three accused) started abusing his son Veer Singh (deceased) and told him that they would certainly return the entire loss caused to him. Thereafter both the sides got into an altercation which was settled by the relative Bishan Kumar (Mama of the deceased) but Genda Lal told him that he had rehabilitated him and he only would ruin him. Thereafter in the night informant Layak Singh, his wife Smt. Dulari, his daughter Smt. Kusum Kumari and their other small children were sleeping in the courtyard and his son Veer Singh was sleeping nearby on a separate cot under a Chappar in which a lantern was burning as usual. The accused Genda, his sons Vijay and Udai, his wife Smt. Shanti, wife of Vijay, Chandrakala and Munni were talking to each other and in their Kotha also lantern was burning. At about 1 a.m. in the night, his son Veer Singh raised alarm, hearing which he, his wife and daughter got up and they saw that Shanti wife of Genda Singh, Chandrakala wife of Vijay had caught hold of Veer Singh while Vijay, Udai and Genda Singh out of whom Vijay was armed with Barchi and Genda and Udai were armed with knife were assaulting his son and when they raised alarm, one Raj Kumar S/o Harswaroop Singh, Suresh S/o Maharaj Singh and Khem Singh, S/o Banwari Singh along with various other persons came there with their torches towards main door of their house. Right then Genda Singh and others after having seen the said persons coming there, had dragged away his son Veer Singh in their Kotha where he was murdered. None of them (complainant side) could have courage to come forward because the accused-appellant Vijay and Udai threatened them if anyone would try to intervene, he would have to face the same consequences and thereafter after having killed his son, the accused-appellant fled from there from the main door. The Chik FIR was prepared as Ext. Ka-2. The written report (Ext. Ka-6) (containing the above facts) having been given by the informant at police station Sheohara Case Crime No.126 of 1979 was registered u/s 147, 148, 302 Penal Code on 1.7.1979 at 7 a.m. against Vijay, S/o Genda Singh, Udai S/o Genda Singh, Genda Singh S/o Jhandu, Smt. Shanti wife of Genda Singh, Chandrakala wife of Vijay and entry of the case was made in G.D. at report no.8 at 7 a.m. on 1.7.79 which is marked as Ext. Ka-3.