POONAM SRIVASTAV,J. - (1.) HEARD Sri S.K. Mishra, learned Counsel for the appellants and learned A.G.A. for the State.
(2.) FIVE persons have filed this appeal out of them one appellant namely Hari Das is dead. The appeal was abated against him vide order dated 4.11.2009. The present appeal is being heard in respect of appellants Neksey, Balveer Singh, Chandra Pal and Shishupal. The occurrence is alleged to have taken place in the intervening night of 2/3.4.1981 at about 12.30 mid night and First Information Report was registered on 3.4.1981 at 3.10 A.M. at Police Station Jasrana, District Mainpuri by Faujdar PW-1.
(3.) THE facts of the prosecution case briefly stated are that complainant Faujdar Singh is resident of Nagla Hari Singh H/o Jhapara, police station Jasrana. The accused are resident of Jhapara, except Haridas, who is resident of Singhpura P.S. Sakit, Distt. Etah. Nagla Hari Singh is inhabited by the members of Banjara community whereas the accused belong to Yadav community. Shyam Pal, Shishupal, Mai-dayal, Ram Khilari and 2-3 others used to visit Nagla Hari Singh and tease the female members of the Banjara. Faujdar Singh objected which led to an assault by Shyam Pal, Maidayal, Ram Khilari, Shishupal and 2-3 unknown persons about a fortnight before the incident. The motive attributed by prosecution regarding the aforesaid incident is, Faujdar Singh was injured and his bone was fractured in an incident a fortnight before the present occurrence. An F.I.R. of the said incident was lodged at P.S. Jasrana.;