GULAB SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 13.12.1985 passed by the learned IInd Additional Session Judge, Fatehpur in Session Trial No. 200 of 1984, State Vs. Gulab Singh and others, under Section 302/34 I.P.C., P.S. Ashothar, District Fatehpur, whereby all the four accused/appellants namely Gulab Singh, Ambika @ Chunna, Sheo Pujan and Lakhan @ Munshi have been convicted under Section 302/34 I.P.C. and were sentenced to imprisonment for life.

(2.) Appellant Gulab Singh expired during pendency of appeal and thus the appeal qua appellant Gulab Singh stands abated.

(3.) As per prosecution version, on account of previous enmity, on 22.04.1984 at 8.00 A.M., while complainant Rakesh Prasad Mishra was serving fodder to his cattle and his cousin-nephew Arvind Kumar Shukla (deceased) was taking out water from well, the deceased-appellant Gulab Singh having gun of his uncle and accused-appellants Ambika @ Chunna, Lakhan @ Munshi and Sheo Pujan Singh, having stolen guns, came at the roof of complainant's uncle Chavinath and exhorted that enemy must not be escaped today. The complainant raised an alarm and consequently P.W-2 Krishna Pal, Maya Shankar and Baijnath Mishra came there but the accused persons fired shots and resultantly Arvind Kumar Shukla sustained pellets injuries and fell down near the well. After the incident, accused persons ran away from spot.