ACHCHEY LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Aggrieved by his conviction for the offences under Section 302 read with Section 149, I.P.C., Section 307 read with Section 149, I.P.C., Section 364, I.P.C. and Section 148, I.P.C. and sentences of Imprisonment for Life, seven years' Rigorous Imprisonment, seven years Rigorous Imprisonment and two years Rigorous Imprisonment respectively for each offence vide judgment dated 3-11-80. This appeal has been preferred by appellant Achchey Lal.

(2.) The case of the prosecution as un- folded from the evidence on the record is as follows :-

(3.) Appellant Achchey Lal is a resident of village Bara Har, P. S. Bewar of District Mainpuri. A loan of Rs. 7,000.00 was advanced to him by Brij Raj Singh deceased of this case, who was an employee of the Military department and was getting Rs. 500.00 per month as salary. The other victim Jawahar Singh is the nephew of Brij Raj Singh. That money was demanded by Brij Raj Singh from the appellant. The appellant promise to return the same, but did not return. A day before this fateful day on 20-6-79 Brij Raj Singh victim met Achchey Lal in Bewar Bazar and demanded his amount. At that time the other victim Jawahar Singh and witnesses Rajendra Singh and Jagvir Singh P.Ws. 1 and 2 were also with Brij Raj Singh. On his demand the appellant asked Brij Raj Singh and the other persons accompanying him to come to his Tube-well the next day to take dinner with him saying that his loan will also be repaid. Accordingly on the date of incident i.e. on 20-6-79 both the victims of this case Brij Raj Singh and Jawahar Singh along with Rajendra Singh and Jagvir Singh P.Ws. 1 and 2 started from their village to the Tube-well of appellant Achchey Lal. On the way Jagvir Singh P.W. 2 made certain purchases from Bewar Bazar and after making purchases, they met Munshi Lal alias Munshi Singh P. W. 3 in village Bahta, which was in the way, where Jagvir Singh had some talks with Munshi Lal alias Munshi Singh regarding return of Rs. 50.00 from an Advocate. Munshi Lal offered to take dinner with him. However, they informed Munshi Lal that they are going to take dinner at the Tube-well of Achchey Lal.