MALKHAN AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri. Jitendra Singh, learned counsel for the appellants and Sri. Syed Ali Murtaza, learned Additional Government Advocate for the State.

(2.) Instant appeal has been preferred by appellants,namely, Malkhan, Narain and Ram Kripal against impugned judgment and order dated 19.04.2005 passed by Special Judge (S.C./S.T. Act Hamirpur in Sessions Trial No. 172 of 2003 (State v. Malkhan and others) under Sections 302/34 I.P.C., Police Station Muskara, District Hamirpur, whereby they were convicted and sentenced to undergo life imprisonment along with fine of Rs. 10,000/each and in default of payment of fine, they were to undergo six months' simple imprisonment.

(3.) In brief, the prosecution version as narrated in the First Information Report lodged by PW 1,Prabhakar Mishra on 20.5.2003 at 6.25 p.m. regarding an alleged incident which is said to have taken place on the same day at 4.30 p.m. is that the informant is the resident of Village Gundela. His brother Sudhakar Mishra had purchased land measuring 9 decimal from one Jageshwar Prasad Dwivedi. The said land was being claimed by accused Ram Kripal and others on the ground that the same belonged to Gram Samaj and it was allotted to them. On 20.5.2003 at about 4.30 p.m., first informant, his brother, Sudhakar Mishra and father, Nathu Ram Mishra were raising boundary wall on the said land. His brother, Gyan Diwakar felt thirsty. In order to quench his thirst, he went to hand-pump for drinking water which is located in front of house of Ram Kripal. As soon as, Gyan Diwakar turned back after drinking water, the accused-appellants, Malkhan, Narain and Ram Kripal all sons of Ramola Chamar, resident of informant's village, armed with axes surrounded Gyan Diwakar and launched assault on him. On hearing hue and cry of his brother, first informant, his father and brother challenged the accused, thereafter they fled away from the place of incident. His brother fell on the ground and succumbed to the injuries sustained by him. The informant leaving dead body of his brother on the spot after scribing F.I.R. went to lodge the report. The F.I.R., proved as Ext. Ka2, was registered vide Case Crime No. 60 of 2003 under Section 302 I.P.C., Police Station Muskara, District Hamirpur by PW 3 Head Moharrir,Shyam Swaroop.