NARVADA Vs. STATE

JUDGEMENT

(1.) Heard Shri Nagendra Mohan, learned counsel for the appellants and Ms. Nand Prabha Shukla, learned AGA for the State and perused the record.

(2.) At the outset we would like to refer the following observations of Hon'ble Supreme Court in State (Delhi Admn.) v. Laxman Kumar , quoted in Krishna Mochi and Ors. vs. State of Bihar ,by Hon'ble Mr Justice M.B. Shah :-

(3.) The prosecution story as unfolds from record of the subordinate court is that a written application was submitted by informant Suresh Pal Singh son of Natthu Singh on 5.8.1982 at 11.15 A.M at Police Station Behta Gokul District Hardoi, alleging that today at about 9.00 A.M. his father Natthu Singh and uncle Sobaran Singh along with Balvant Pasi were returning from their fields and when they reached near Kahjuria situated towards east of village, the accused persons Narvada, Mashaley and Sukkhi armed with guns and Gajraj and Jaswant armed with Lathis emerged out from behind the bushes and Khajuria. Narvada challenged his father Natthu Singh and commanded other accused persons to kill him. All five accused persons surrounded his father (Natthu Singh) and uncle (Sobaran Singh) and they fired 5 to 6 shots which hit Natthu Singh and Sobaran Singh and they succumbed to the injuries on the spot, instantly. Balvant Pasi made a hue and cry which attracted Mahesh son of Balwant, Natthu Kachi son of Hori and Ram Chandra son of Ram Swaroop who were grazing their cattles nearby. He also rushed to the spot and challenged accused persons, on which accused Gajraj and Jaswant assaulted both the persons with Lathis. All accused persons after committing the crime fled away towards the east.