SANTOSH Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in these two connected appeals by the three appellants Santosh (A-1), Chhatrapal (A-2) and Sunwan (A-3), , are to their convictions under section 302/34 I.P.C. and imposed sentence of life imprisonment therefor, imposed by 5th Additional Session's Judge, Hamirpur in S.T.No. 85 of 1979, State versus Chhatrapal and others, relating to police station Mahoba, district Hamirpur.

(2.) NARRATED briefly, unfolded background facts, as dictated orally at the police station Mahoba, district Hamirpur, by the informant (P.W. 1) Ram Swaroop, which was recorded as FIR Ext. Ka-1, and later on testified during the Session's trial by all the fact witnesses, were that informant and accused appellants were co-villagers, both being residents of village Chickhara. Informant's father Radha Charan and deceased Roop Singh's father Jamuna Das were real sibling brothers and hence informant and deceased both were cousins. Puniya @ Ahillya (P.W. 3) was deceased's wife and Subhash @ Santosh (P.W. 4), is their son. Accused appellants were mobsters and indulged in vandalism and denuding of crops and for that mischiefs, Roop Singh (deceased) had boxed and kicked them a year ago, because of which, accused appellants harboured revenge ill against the deceased.

(3.) AFTER recording the FIR, Ext. Ka-1, Head Moharrir, (P.W. 5) prepared corresponding GD entry Ext. Ka-3. This witness had also prepared GD entry of three bundles of articles deposited by the Investigating Officer S.I. Rafat Kamal (P.W. 6), on 16.12.78, which is Ext. Ka-4.