G.N.RAY, K.JAYACHANDRA REDDY
Brijpal Singh – Appellant
Versus
State Of U. P. – Respondent
Judgment
K. JAYACHANDRA REDDY, J.:- This is a regular appeal under Section 379, Cr. P. C. read with Section 2 of the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. There are six appellants. They along with one Kalyan Singh who died during the trial, were tried for offences punishable u / S. 302 read with S. 149, I. P. C. by the Additional District and Sessions Judge, Shahjahanpur and were acquitted. The State preferred an appeal against the remaining six accused. The High Court allowed the appeal. However, two of them A-5 Prem Pal Singh and A-6 Shyam Pat Singh who were children, were not awarded any sentence and the remaining four accused were sentenced to imprisonment for life. They were also convicted under Sections 324/149 and 148 and sentenced to two years and one year R.I. respectively. The sentences were directed to run concurrently. All of them have preferred this appeal. The prosecution case is as follows:
All the accused are related to each other and are Thakurs by caste while the deceased Sripal and the injured witnesses are Kachuwahas and all of them belong to the same Village Deshpur. The Village is predominantly inhabited by Thakurs and there was animosit
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