RAMJI LAL Vs. STATE OF U P

JUDGEMENT

(1.) -Nine appellants who have been convicted and sentenced to life imprisonment under Section 302/149, I.P.C. and six years, R.I. under Section 307/149, I.P.C. The first eight appellants have further been sentenced to two years' R.I. under Section 148, I.P.C. while appellant Ram Chand has been sentenced one years' R.I. by the then IIIrd Additional Sessions Judge, Aligarh by his order dated 14.10.1980.

(2.) AT the very outset, it may be mentioned that out of the aforesaid nine appellants, Appellant No. 2 Bhup Singh, Appellant No. 4 Prem Pal and Appellant No. 5 Mahendra Singh have died during pendency of this appeal, hence their appeals stand abated.

(3.) THE informant Gajraj Singh claims to have identified Udaiveer Singh S/o Narain Singh Jat, resident of his own village, Bhup Singh R/o village Komari, Radhey R/o village Ninmai, Ramchandra Pradhan R/o Ninmai, Mahesh S/o Ramswaroop R/o Nagla Pitam. Ramji Lal R/o Nagla Battisa, Prem Pal R/o village Komari, Mahendra R/o village Champa, Komari and Munna R/o village Ninmai in the moonlight amongst the assailants. THEse persons were known to him from before. Om Prakash of village Komari, who was ploughing his field at the moment, had also seen the miscreants passing by and also identified them.