KRISHANPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ramesh Kumar Pandey, for the appellant and Sri Nafees Ahmad, A.G.A., for State Of U.P.

(2.) Krishanpal son of Satyapal has filed Criminal Appeal No. 3127 of 1982 and Satyapal, Krishanpal son of Rukan Singh and Devendra @ Avendra had filed Criminal Appeal No. 3153 of 1982, from their conviction and sentence passed by Second Additional Session's Judge, Ghaziabad, dated 25.11.1982, in S.T. No. 131 of 1980, State Vs Satpal and others, [arising out of Case Crime No. 31 of 1980, under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as the IPC), P.S. Murad Nagar, district Ghaziabad], convicting them under Section 302 read with Section 34 IPC and awarding sentence of life imprisonment. These appeals were arising out of same judgment as such these were consolidated. Under some confusion Criminal Appeal No. 3127 of 1982 was dismissed as abated by order dated 21.04.2017. Criminal Appeal No. 3153 of 1982 was allowed by judgment dated 28.05.2018, on merit. On the application of Krishanpal son of Satyapal, the order dated 21.04.2017 was recalled on 14.09.2018 and Criminal Appeal No. 3127 of 1982 was restored as such it was again listed for hearing before this Bench.

(3.) On the complaint (Ex-Ka-1) of Aman Singh (PW-1), FIR (Ex-Ka-11) of Case Crime No. 31 of 1980 was registered on 28.01.1980 at 6:30 PM, under Section 302 IPC, at P.S. Murad Nagar, district Ghaziabad, against Satyapal, Krishanpal son of Rukan Singh and Devendra @ Avendra and Krishanpal son of Satyapal, by Head Moharrir Ram Veer. It has been stated in the FIR that on 28.01.1980, the informant and his son Satvir Singh had gone to Murad Nagar for purchasing diesel. As diesel was not available at Murad Nagar, as such they returned from there. His nephew Jagvir Singh (PW-2) met them at the bus stand Murad Nagar.