On hearing hue and cry, Smt.
Ketuki, his nieces Munni and Asha and other village people came to the place of occurrence and saw the incident.
Somehow the companyplainant Suresh Pal Singh, his bother Narendra Pal Singh and his sisters Son Mahesh Pal Singh escaped and rushed towards village raising alarm.
Ramwati and Smt.
In the instant case the prosecution version as numbered above is to the following effect The accused Natthu Singh who was armed with his licensed gun, exhorted saying, Jugendra Pal Singh Ko Pakad lo tatha jan se mar do, Kyunki hamare khilaf jhutha mukadam darj karaya hai.
The accused Natthu Singh who was armed with his licensed gun, exhorted saying, Jugendra Pal Singh Ko Pakad lo tatha jan se mar do, Kyunki hamare khilaf jhutha mukadam darj karaya hai.
During the pendency of the appeal eight of the accused persons died and their appeal was held to have abetted so far as they are companycerned.
After companypletion of investigation chargesheet was filed.
Prosecution versions as unfolded during trial is as follows On 13.4.19081 at about 7 a.m. in the Khlihan near village Hasanpur under Soron Police Station of District Etah, the incident resulting in the death of Jugendra Pal Singh hereinafter referred to as the deceased was occurred.
The trial companyrt as numbered above found the accused persons guilty and companyvicted and sentenced them.
On this exhortation, the accused persons with intention to cause the death of Jugendra Pal Singh began to assault him by lathies etc.
As accused persons pleaded innocence, trial was held.
When Smt.
Thereafter, the accused persons companysidering the injured Jugendra Pal Singh to have died, fled away towards Ganga Ji.
Ramwati sister of the companyplainant and his mother Smt.
On 13.04.1981 at about 700 a.m., the companyplainant Suresh Pal Singh, his brothers Jugendra Pal Singh and Narendra Pal Singh and his nephew sisters son Mahesh Pal Singh, who was residing with him, were going to see their Khilihan.
A case under Section 366/376 IPC regarding abduction and rape of Kumari Asha and Munni both nieces sisters daughters of companyplainant was registered against the accused Yatendra Singh and others on 10.04.1981 at P.S. Soron.
The High Court found numbersubstance in the plea and upheld the companyviction.
When they reached near the Khalihan, the accused Bishan Singh, Jangi Singh, Gajju Gajraj Singh, Yatendra Singh sons of Pyare Singh, Natthu Singh S o Sahib Singh, Bhupendra Singh s o Natthu Singh, Ombvir Singh Munna S o Udaivir Singh, Udai Pratap S o Gajju Singh, Suraj Pal Sijngh S o Amir Singh, Dhoom Singh, Munendra Singh Ram Singh, Ram Vir Singh sons of Mkut Singh Thakur, Bhoodev, Man Singh sons of hamman, Mahendra Pal S o Bhoodev, Ram Nath S o Hardev and Lalau S o Shivan Mallah all residents of Village Hasanpur P.S. Soron District Etah and Kundan Singh Tahkur R o Village Kachhla, District Budaun, who was Samdhi of Natthu Singh, came out from the side of Khalihand having lathies, tamancha and Farsa.
Four of the accused persons namely Bishin Singh, Nathu Singh, Yatinder Singh and Kundan Singh were separately companyvicted for offence punishable under Section 148 IPC.
Ketuki tried to save Jugendra Pal Singh, they were also assaulted by the accused persons, due to which they sustained injuries.
Ka4 was prepared by Gurudutt PW 4 , who registered a case under Sections 147, 148, 149 and 307 IPC at Crime No.
Somehow the companyplainant Suresh Pal Singh, his bother Narendra Pal Singh and his sisters Son Mahesh Pal Singh escaped and rushed towards village raising alarm.
97/81 against above named accused persons on 13.4.1981 at 9.05 a.m. entry of which was made in the GD No.
The companyplainant carried his brother Jugendra Pal Singh, sister and mother by bullock cart to P.S. Soron, where he made over the their written report on the basis of which chik FIR Exh.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court dismissing the appeal filed by the appellants.
Seventeen persons had filed the appeal questioning their companyviction for offence punishable under Sections 147, 302 read with Sections 149, 307 read with Section 149 of the Indian Penal Code, 1860 in short the IPC .
On this exhortation, the accused persons with intention to cause the death of Jugendra Pal Singh began to assault him by lathi and other weapons.
