JUDGEMENT
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(1.) Five persons namely; Surendra, Narendra, Yogesh
all s/o Anoop Singh, Amar Pal s/o Jagpal Singh and Anil
Kumar s/o Roopchand Tyagi were tried for the murder
of Ramchandra Singh under Sections 147,148,302 read
with Section 149 of the Indian Penal Code, 1860 (IPC).
(2.) The incident occurred on May 19, 1980 at 1.30
p.m. According to the prosecution case, Ramchandra
Singh (deceased) who was on his way on that day to
Siana in a buffalo cart with a cement permit and some
money was waylaid by the accused persons; Surendra and
Narendra were armed with burri and knife respectively
and other three were having lathis with them. There
was a criminal litigation pending between the deceased
Ramchandra Singh and the accused Surendra, Narendra and
Yogesh. These three accused are real brothers.
Accused Anil Kumar happens to be their brother-in-law.
Surendra, at the time of incident, exhorted the other
accused to kill Ramchandra Singh. In the incident,
Ramchandra Singh sustained 21 injuries. He died on the
next day.
(3.) On conclusion of the trial, the IVth Additional
Sessions Judge, Bulandshahar convicted the accused for
the offence punishable under Section 302 read with
Section 149 IPC. Accused Surendra and Narendra were
convicted under Section 148 IPC additionally while
accused Yogesh, Amar Pal and Anil Kumar were convicted
under Section 147 IPC in addition to the offence under
Section 302 read with Section 149 IPC. All of them
were sentenced to suffer life imprisonment for
commission of offence punishable under Section 302 read
with Section 149 IPC. Accused Surendra and Narendra
were sentenced to rigorous imprisonment for two years
for the offence punishable under Section 148 IPC while
accused Yogesh, Amar Pal and Anil Kumar were sentenced
to rigorous imprisonment for one year for the offence
punishable under Section 147 IPC.;
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