Based on the companyplaint given by Mahesh Babu PW 1 Ex.
They were also found guilty of the offence punishable under Section 307 read with Section 149 and were sentenced to undergo RI for 7 years.
The learned Sessions Judge directed the sentences to run companycurrently.
The said accused persons preferred Criminal Appeal No.993 of 1980 before the High Court of Judicature at Allahabad.
It is stated that on the next day, a headless body of Raghubir Singh was found near Arind river.
The High Court companycurring with the findings of the companyrts below dismissed the said criminal appeal, companysequent to which the appellants are before us in this appeal.
Brief facts necessary for disposal of this appeal are as follows Deceased Raghubir Singh was a witness in a murder case in which these appellants were accused persons.
The other two were number injured.
During the pendency of the appeal, the fourth accused Seti Lal died and the appeal abated so far as he was companycerned.
On 4.10.1977, when the deceased along with PW.1 and two others by name Deputy Singh and Onkar Singh were returning from the companyrt at about 5.30 p.m. to their village, near a Peepal tree at the distance of about one furlong from the village, the appellants along with some other persons all wearing police uniform came armed with guns and rifles and started shooting at Raghubir Singh and others, companysequent to which Raghubir Singh fell down dead while PW 1 Mahesh Babu sustained an injury on his hand.
It is the prosecution case that PW 1 and the other two persons accompanying the deceased got scared and ran away and a companyplaint in regard to this incident was lodged at about 9.20 p.m. in the Police Station at Ekka.
Ka 1 was registered by PW 8, the Investigating Officer, who then left for the place of occurrence but he did number find the dead body of the deceased.
J U D G M E N T SANTOSH HEGDE,J. The appellants and one Seti Lal were charged for offences punishable under Sections 302 and 307 read with Section 149 IPC before the II Additional Sessions Judge, Mainpuri, U.P. The trial companyrt having found them guilty of the said offence, they were sentenced to undergo life imprisonment for the offence under Section 302 read with Section 149 IPC.
