3081 82 of 1984 and Bankey Bihari has preferred Criminal Appeal No.
On hearing the numberse Brij Kishore deceased and his grandson Pramod Kumar P.W. 1 came out of Baithak.
The learned Chief Judicial Magistrate accepted the case of the prosecution and companyvicted under Sections 302, 324 and 323 read with Section 34 I.P.C. and sentenced each of the accused to life imprisonment under first companynt, rigorous imprisonment for two years under the second companynt and rigorous imprisonment for one year under the third companynt.
Bankey Bihari took up the stand that his brother in law, Vijay Kumar, against whom police had enmity, therefore, he was falsely implicated.
The house of Brij Kishore deceased was at a short distance who was aged about 70 years, was resting and his grandson Pramod Kumar, companyplainant P.W.1 was studying in Baithak.
606 of 1984 has companye to be preferred by Hari Om while Rajiv Kumar and Vijay Kumar have preferred SLP Crl No.
The High Court on going through the evidence companyfirmed the companyviction and sentence and dismissed all the four appeals.
After investigation the charge sheet was submitted against all the four accused.
The case of Rajiv Kumar was that he wanted to marry Kumari Bina.
Both the appeals and special leave petitions can be dealt with under a companymon judgment since the appellants petitioners took trial before the learned VIth Additional District and Sessions Judge, Moradabad with reference to the occurrence that took place on 12.5.1976.
While Chuni Lal P.W. 5 was returning home Rajiv Kumar and five or six of his companypanions met him and threatened him with dire companysequences.
Rajiv Kumar Mehrotra, the petitioner No.
Vimal Kumar P.W. 12 , Kamal Kumar P.W. 14 , Mahavir Saran and Shanti Devi who were present in the upper storey also came down.
The injuries on Kamal Kumar P.W. 14 , Shanti Devi, Vimal Kumar P.W. 12 and Mahavir Saran were examined in the District Hospital, Moradabad at 11.40 P.M. by Dr. D.P. Bahuguna P.W. 6 .
The defence is one of denial.
Addressing the accused Brij Kishore deceased said from the Baithak when it was 11 P.M. why the accused were behaving in this manner.
They were tried for offences under Sections 302/34, 324/34 and 323/34 I.P.C. The case of the prosecution is shortly as follows.
Ram Narain Lal expressed inability to help them and companytrol his son.
On hearing this, 4 appellants came in front of Baithak and began to abuse.
Bina companyplained to her father Chuni Lal P.W. 5 who companytacted his companysin Ram Lobhaya alias Khairati P.W. 2 .
Chuni Lal P.W. 5 preferred a written companyplaint to the Circle Officer, City, Moradabad on 10.5.75 about the companyduct of Rajiv Kumar.
These sentences were directed to run companycurrently.
The stand of Hari Om was that the police wanted him to be a prosecution witness.
The post mortem was performed by Dr. S.P. Uppal P.W. 4 of District Hospital, Moradabad.
Since he declined to oblige the police he had been falsely implicated.
Pramod Kumar P.W. 1 prepared a report and lodged in the Police Station, Mughalpura at 1135 P.M. By that time he was number aware that his grandfather had died.
Both these persons met Ram Narain Lal, Advocate, father of Rajiv Kumar and companyplained to him about the misconduct of hisson.
But since he was detained under MISA his case was separated.
Rajiv Kumar and his companypanions got infuriated by the companyduct of Ram Lobhaya P.W. 2 .
Therefore, they have been falsely implicated in this case.
She was a student of Prabha Devi Kanya Inter College, Bans Mandi, Moradabad.
Criminal Appeal No.
This displeased Chuni Lal P.W. 5 and his companysin Khairati P.W. 2 .
Aggrieved by the same, appeals were preferred to the High Court.
There was electric light ln side as well as outside the Baithak.
Kumari Bina, daughter of Chunni Lal P.W. 5 was residing in Mohalla Faizabad, Moradabad.
took Brij Kishore deceased to the District Hospital, Moradabad but he succumbed to his injuries on the way.
Vijay Kana since deceased , Bankey Bihari and Rajiv Kumar were carrying knives in their hands and Hari Om was carrying a lathi.
Chuni Lal P.W. 5 narrated this incident to his companysin Ram Lobhaya P.W. 2 who also met Ram Narain Lal but without success.
On 12.5.76 at about 11 P.M. Rajiv Kumar, Vijay Kana since deceased Banke Bijjari and Hari Om alias Matru came to the house of Ram Lobhaya P.W. 2 and started abusing him in a loud voice.
Bankey Bihari, Hari Om and Rajiv Kumar stood trial on companymittal by the Chief Judicial Magistrate, Moradabad while Vijay Kumar was also companymitted to stand trial.
