Dinesh Kumar Singh, J. - (1.) The present appeal is directed against the judgment and order dated 31.03.1982 passed by the IIIrd Additional Sessions Judge, Lucknow in Sessions Trial No.405 of 1980 under Section 302 IPC, Police Station Banthra, District Lucknow.
(2.) Vide impugned judgment and order the learned Trial Court had convicted the four accused namely, Hari Shankar Shukla, Mahesh Kumar, Dinesh Kumar and Brijesh Kumar for the offence under Section 302 IPC. The accused-appellants, Hari Shankar Shukla, Mahesh Kumar and Dinesh Kumar were sentenced to rigorous imprisonment for life. The accused, Brijesh Kumar was found to be below the age of 16 years and a child as defined under Section 2(4) of the U.P. Children Act, 1951. His case was referred to State Government under Section 32(2) of the aforesaid Act for passing suitable order in his case, however, he was directed to be remained in jail. This appeal has been preferred by all four accused who were convicted by the learned Trial Court.
(3.) The Substance of the offence for which the accused-appellants had been convicted lay in allegation that the accused, Vinod Kumar and his family members were residents of village Saidpur Purhi, District Lucknow. On 16.03.1980 the deceased, Vinod Kumar had gone to Lucknow to purchase diesel oil and came back by train. He got down at Haroni, Railway Station with the diesel oil. At the railway station accused, Brajesh Kumar and Dinesh Kumar met the deceased, Vinod Kumar and demanded half of the diesel oil for their use. Vinod Kumar refused to give the diesel to them on which they quarreled with him and scuffle took place between them. Both the accused persons threatened Vinod Kumar of dire consequences. Radhey Shyam and Shiv Bhavan who were present there separated the accused persons and the deceased, Vinod Kumar.;