SADHU SARAN SINGH Vs. STATE OF U.P. AND ORS.
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
SADHU SARAN SINGH
State of U.P. and Ors.
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(1.) These appeals are directed against the judgment passed by the High Court of Judicature at Allahabad in Criminal Appeal Nos.2701 and 5802 of 2003, dated 07.12.2004, by which the High Court has allowed the appeals filed by the accused- respondents herein and acquitted them for the offences under Sections 147, 148, 149, 302, 307 and 504 of the Indian Penal Code, 1860 (for short 'the IPC').
(2.) It is pertinent to mention here that the appellant before us was not a party before the Courts below and the present appeals have been preferred by him with the leave of this Court. The locus of the appellant is that he is the brother of the informant Bhola Singh (PW1) who died during the pendency of the appeal before the High Court and also paternal uncle of the three deceased persons (Sons of informant Bhola Singh PW1).
(3.) The facts in brief, as unfolded by the prosecution case are that Bhola Singh (PW1) the informant is a resident of village Kanso, district Mau and on 4th October, 1994 at about 8 am when his sons namely Sheo Kumar, Avdhesh and Yogendra (all three deceased) were repairing the cattle trough in presence of one Ganga Singh, brother-in-law of the informant and one Baijnath Singh (PW 2), the accused Ramashraya Singh, Satyendra Singh, Brijendra Singh along with their father Ramchandra Singh armed with deadly weapons came to the Baithka of the informant-Bhola Singh with the company of Kamla Singh and Ram Saran Singh hurling filthy abuses. While Ramchandra Singh exhorted his sons to eliminate the whole family of the victim, the accused Ramashraya Singh and Kamla Singh opened fire with guns while Satyendra Singh and Brijendra Singh attacked with katta upon the three sons of Bhola Singh (PW1). The other accused also attacked the victim party with their respective weapons. In the assault, the three sons of PW1 sustained injuries and fell on the ground and Ganga Singh, brother-in-law of PW1 sustained firearm injuries. During the ongoing tussle, PW1 Bhola Singh ran into the village and raised hue and cry whereupon the assailants took to their heels. The attack resulted into the death of two sons of the informant i.e. Shivshankar and Avadhesh on the spot while another son i.e. Yogendra breathed his last on the way to the hospital.;
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