GIRVAR AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal assails the accuracy of the verdict dated 04.10.1983 passed by IVth Additional Sessions Judge, Budaun in Session Trial No. 316 of 1982 (State Vs. Girvar Singh and others), P.S.-Bilsi, District Budaun, whereby the appellant/ accused Ramesh has been convicted for the offence under Sections 302 and 323/34 IPC and has been sentenced to undergo imprisonment for life for having committed the offence of murder of Shiv Singh punishable under Section 302 IPC and to rigorous imprisonment of one year under Section 323/34 IPC. By the same judgement accused Girvar and Mahipal have been convicted under Sections 302/34 and 323/34 IPC and sentenced to undergo imprisonment for life under Section 302 /34 IPC and to one year rigorous imprisonment under Section 323/34 IPC. All the sentences have been ordered to run concurrently.

(2.) The deceased Shiv Singh and informant Mahendra Singh both are real brothers and residents of village Garhi, P.S.-Bilsi, District Budaun. The accused Girvar Singh and Ramesh are also residents of the same village and accused Ramesh is a nephew of Girvar Singh. Accused Mahipal Singh is resident of village Haidalpur, P.S.-Bilsi and brother-in-law of co-accused Ramesh.

(3.) The brief facts leading to prosecution of appellants are as follows: