Indrapal Singh vs State of U. P. - 2021 Supreme(SC) 566

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 566

Indrapal Singh – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Appellant(s) :Mr. Divyesh Pratap Singh, AOR Ms. Pratiksha Tripathi, Adv. Ms. Shivangi Singh, Adv. Mr. Vikram Pratap Singh, Adv. For Respondent(s) Mr. Dhirendra Singh Parmar, Adv. Mr. Krishnanand Pandeya, AOR Mr. Rajesh Srivastava, Adv. Ms. Shreyase Agrawal, Adv.

JUDGMENT :

NAGARATHNA, J.

These appeals have been preferred by the three appellants-accused being aggrieved by the impugned judgment and order dated 31.07.2018 passed by the High Court of Judicature at Allahabad in Criminal Appeal Nos.2095 of 1998 and Criminal Appeal No.2177 of 1998. The High court dismissed the aforesaid appeals, and confirmed the judgment and order dated 28.09.1998 in Sessions Trial No. 10/96 passed by the Second Additional Sessions Judge, Jalaun at Orai, by which, the accused-appellants were convicted for the offence under section 302 of the Indian Penal Code, 1860 (for short, the ‘IPC’) against Atar Singh, Shivpal Singh and Keshbhan Singh and have been sentenced to undergo life imprisonment. They have also been convicted under Section 302 read with Section 34 of IPC.

2. The case of the Prosecution is that Exb. Ka-1 is the written report made by the complainant Yashwant Singh to the Police Station Jalaun. According to the complainant on 22.10.1995, at about 11:00 a.m., complainant’s brothers, viz., Atar Singh and his two nephews Keshbhan Singh and Shivpal Singh were carrying water from the drain (Gul) below the Babool tree to their field known as “7 Bhigas of land”