HORI LAL. Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 13.08.1990 passed by XIth Additional Sessions Judge, Agra in Session Trial No. 623 of 1987 (State Vs. Hori Lal and others), under Section 302 I.P.C., P.S. Tundla, District Agra, whereby accused/appellants Mahesh, Hori Lal and Kamal Singh were convicted under Section 302/34 I.P.C. and sentenced to imprisonment for life.

(2.) Appellants Mahesh and Kamal Singh have expired during pendency of appeal and thus the appeal qua Mahesh and Kamal Singh stands abated.

(3.) As per prosecution version, there was enmity between complainant Badan Singh and accused-appellant Hori Lal on account of land as the complainant had purchased the land of brother of accused Hori Lal, which was not liked by the accused persons. Before 8-10 days of the incident, Hori Lal had ploughed the land of complainant's share. On 08.08.1987, the complainant's brother, namely Anek Singh had gone to the house of Hori Lal to make a complaint in that connection, but it ensued into an altercation between them. Accused-appellant Hori Lal exhorted his son Kamal Singh and one Mahesh to kill Anek Singh. Thereafter, accused-appellant Hori Lal and his son Kamal Singh started assaulting Anek Singh by Lathi and Mahesh gave axe blows at Anek Singh. One Ladi Ram, (PW-I) Surat Ram and (PW-2) Jhingaram, who were present there, tried to apprehend the accused persons, but all the accused persons fled away towards jungle. The complainant and his brother also reached there and saw that Anek Singh was lying in pool of blood and while they were bringing Anek Singh to their village Pipiriyan, he succumbed to his injuries during way. Complainant Badan Singh reported the matter to police station by filing written report Ex. Ka-1 and on that basis, this case was registered on 08.08.1987 at 9.10 P.M.