AJAI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This is a alminal appeal against the judgment and, order dated 6-11-1978 passed by Sri. V.S. Agarwal, the then ill Additional Sessions Judge, Agra by which he has convicted the above named three appellants under Sections 302 of the Indian Penal Code and 201 of the Indian Penal Code. (without the held of Section 34 of the Indian Penal Code.) and has sentenced each of them to undergo imprisonment for life and Rigorous Imprisonment for one year respectively thereunder.

(2.) Ajai Singh, appellant, and his father Ausan Singh, were running a transport company by the name of Local Transport and Ajai Goods Carrier, Shyam Lal and his father Natthi Lal, informant, had five trucks which were attached to the said company. On 6-7-1977 Natthi Lal informant and his son Shyam Lal, deceased, separated and opened their own separate transport company by the name and style of Hind Local Transport Co. Ajai Singh appellant and his father Ausan Singh felt. aggrieved because they started incurring losses on account of the same. Ghanshyam, appellant, had fired a shot at Shyam Lal on 3-12-1975 for which he was being prosecuted under Section 307 of the Indian Penal Code Ajai Singh appellant got friendly with the said Ghanshyam appellant. Muma alias Bir Bahadur appellant was the truck driver of Ajai Singh and Satish accused was his friend. It is alleged that on 18-7-1977 at about 5 p.m. Ajai Singh and Ghanshyam advanced threats to Shyam Lal deceased that either he should close his own separate transport company or face consequence of death.

(3.) According to the case of the prosecution on 18-7-1977 at bout 10.30 p.m. when Shyam Lal deceased. was getting truck No. U.P 8274 repaired in Transport Nagar, Agra all the three appellants, alongwith Satish Accused, came there in their own truck No. 2645 and told Shyam Lal that his truck No. U.T.R. 6147 had got stuck in the. jungle of Bainpur and that he should reach there. Shyam Lal, deceased replied that at the moment he had no arrangement for conveyance because his other truck was under repair. On the same the appellants and their companion Satish offered to give Shyam Lal deceased a lift. Shyam Lal deceased accompanied them in their truck towards Sikandra and thereafter he was not seen. Natthi Lal informant remained searching for him but when he failed to trace his son Shyam Lal he went to the Police Station Han Parbat. Agra and lodged report of the incident on 19-7-1977 at 9.10 p.m.