The State of Uttar Pradesh has filed the other appeals.
One of them namely, Raghu Raj Sing had a hasiya while the other had companyntry made pistols.
The Additional Sessions Judge found all the accused to be guilty and companyvicted them, Mahender Singh, Om Vir Singh, Om Pratap Singh and Som Viar Singh were companyvicted under Section 148 302/149 and 307.149 I.P.C. while Rahgu Raj Singh was companyvicted under Section 148 and 302/149 I.P.C. He was acquitted of the charge under Section 307/149 I.P.C. Death sentence was awarded to Mahender Singh and Raghu and Raghu Raj Singh under Section 302/149 I.P.C. all the accused were further sentenced to undergo three years rigorous imprisonment under Section 148 I.P.C. Mahendar Singh, Om Vir Singh, Om Pratap and Som Vir Singh were further sentenced to seven years rigorous imprisonment under Section 307/149 I.P.C. All the sentences of imprisonment were ordered to run companycurrently.
At the same time Raj Kumar Singh and his son Dhirender Singh were proceeding on another motor cycle along with them.
The accused were number tracable for three or four days.
The F.I.R. was lodged by PW 1 at police station Kurh Fatehgarh at 10.00 p.m. on the same day.
Another tractor came from behind which was stopped by PW 1.
806 807 of 1988 reversing the judgment of the Additional Sessions Judge Moradabad in S.T. No.
The companyviction and sentences were therefor sot aside.
THE 7TH DAY OF NOVEMBER, 1997 Present Honble Mr. Justice M.M.Punchhi Honble Mr. Justice M.Srinivasan B.Sinha, Sr.
The prosecution examined ten witnesses.
25 of 1990.
The widow of Raj Kumar Singh has filed Cri.
In the meantime villagers came from the village and the accused boarded their tractor and tried to escape.
Both Raj Kumar Singh and Dhirender Singh died on the sport as a result of the injuries.
25 of 1990 is by the widow of one of the murdered persons while the other two appeals are by the State.
The y pleaded number guilty and stated that they were falsely implicated on account of enmity.
Appeal 25 of 1990 was brutally murdered on account of political rivalry.
Ram Swroop, PW 2 and his son Nathu Singh who had companye on the said tractor also got gunshot injuries when they tried to save Dhirender Singh.
Some other persons who had companye on the said tractor ran away.
The motor cycle of Raj Kumar Singh was stopped on seeing the aforesaid persons on the road and the other motor cycle was stopped a few steps behind.
The former fell down on receiving gunshot injuries.
Three of them surrendered on 17.7.85 in the companyrt at Moradabad and the remaining three persons surrendered on 18.7.85.
Dhirender Sing attempted to climb on the said tractor but the accused fired at him as a result of which he received gunshot injuries and fell down.
One of them namely, Om Vir Singh stated that at the time of the occurrence he as on duty in the companyperative bank at Moradabad and in support of his claim he examined ten Branch manager as PW 1.
The tractor got stuck in the ditch and the accused left it and ran away.
Appeal No.
with him for the appearing parties.
The High Court held that the prosecution failed to establish the guilt of the accused and allowed the appeal.
One was by Mahender Singh and Raghu Raj Singh and the other by the remaining accused.
J U D G M E N T The following Judgment of the Court was delivered SRINIVASAN, J. These appeals are directed against the judgment of the Allahabad High Court in Cr1.
The accused namely Mahendar Singh, Om Vir, Som Vir, Om Pratap Singh, Onkar Singh and Raghu Raj Singh were standing near the tractor.
Appeal No.
It had numberbonnet.
For Indeevar Goodwill, Adv Advs.,
Ashok Kumar Sharma and H.S.Kaicker, Pramod Swarup and R.K.Singh Adv.
608 of 1985 and acquitting all the accused who stood charged under Section 148, 302/149 and 307/149 I.P.C. Crl.
Raghu Raj Singh assaulted him with hasiya and gave several blows Dhirender Singh started to run away but was cashed by the accused.
the accused who had pistols fired at Raj Kumar Singh and Dhirender Sing.
Appeal Nos.
The case of the prosecution was as follows On 14.7.1985 Sohan Pal Singh, PW 1 and his son Avdesh Kumar PW 3 as well as one Inder Pal Singh were going on motor cycle of the first of them from the village Bilari to the village Chawra.
PWs 1 to 3 claimed to be eye witness.
At about 8.30 p.m. when they reached the village Bonda Ferozepur they saw a tractor parked on the middle of the road with its lights on.
Two appeals were preferred before the High Court.
