BADSHAH AND OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Sushil Dubey, learned counsel for the appellants and Sri Gaurav Pratap Singh, learned counsel for the State.

(2.) This appeal has been preferred against the judgment and order dated 30.05.1984 passed by Additional District Judge, Mainpuri in Sessions Trial No. 192 of 1982 whereby the accused-appellants Badshah, Lakshman Singh, Saudan Singh and Kunwar Pal have been convicted and awarded punishment under Sections 302 read with Sec. 34 Penal Code have been awarded with life imprisonment each.

(3.) According to the first information report, on 06.08.1981 at about 08:00 a.m., the first informant Dalveer Singh son of Kayam Singh, resident of Heerapur Mauja Manauna, P.S. Kurawali, District Mainpuri was sowing the crop of paddy with his father Kayam Singh, all of sudden, four-five persons came there and surrounded his father and started firing. Badshah Singh son of Malikhan, Kunwar Pal son of Sonpal who were armed with pistols, by which they fired upon his father which hit him as a result of which he fell down on the ground, and in the meantime, Laxman Singh son of Jahar Singh who had spear (bhala) in his hand, Saudan Singh son of Raghuvar with lathi and Suresh son of Badshah with a kanta assaulted his father with these weapons repeatedly. After having seen this occurrence, he (informant) became nervous and started shouting there, hearing which his tau Dal Chandra son of Komil Singh, Mahipal son of Lalta Prasad, Talewar son of Gajadhar and others came there and challenged the accused persons due to which they fled from there, but his father had died on the spot, thereafter, he rushed to the village where accused persons came and gave threat that if he goes to lodge the report he would also be killed, hence due to fear he remained concealed in his house and when he got opportunity he came to lodge a report, the dead body of his father was lying in the field on the spot. On the said report, Exhibit Ka-1 Case Crime No. 215-A/81 under Sections 147, 148, 149, 307, 302 Penal Code was registered at P.S. Kurawali District Mainpuri on 07.08.1981 at 08:00 a.m. against accused persons Badshah, Kunwar Pal, Laxman, Saudan and Suresh, on the basis of which Chik FIR was prepared by head constable Prem Singh (PW-5) which is Exhibit Ka-3 who made entry of the said case in general diary, Exhibit Ka- 4.