SUDAMA Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal has been preferred against the judgement and order dated 06.12.1986 passed by the learned Additional Sessions Judge/Special Judge (Essential Commodities Act), Farukhabad in Sessions Trial No. 76 of 1985 (State Vs. Sudama and 3 others) under Section 302 of IPC, P.S. Gursahaiganj, District Farrukhabad, whereby appellants Sudama and Pulander have been convicted under Section 302 of Indian Penal Code and have been sentenced to Imprisonment for life along with fine of Rs. 1,000/- each. In default of payment of fine, they have to further undergo one year additional rigorous imprisonment.

(2.) The prosecution case is that 3-4 days prior to the incident, the accused-appellant Pulander had scolded and threatened the deceased Brajmohan over the issue of using his field for toilet purposes. On 13.08.1984 at 08:00 AM, deceased Brajmohan had gone for washing his clothes in front of the house of one Bahadur and while he was washing his clothes, the appellant Sudama having an axe and appellant Pulander having a sickle while co-accused Ramvilas and Suraj armed with clubs came there and stated that the deceased was crossing his limits, attacked the deceased. Sudama had given two blows of axe at the neck and back of the deceased while Pulander attacked him with sickle. The deceased died at the spot. The incident was seen by complainant's brother Kripal Singh, Virendra and Ram Bahadur.

(3.) On the oral information of the complainant, the case as registered on 13.08.1984 at 09:05 AM under Section 302 of IPC vide FIR.Ex. Ka-1 against all the four accused persons.