DHARAMVEER Vs. STATE OF U P

JUDGEMENT

(1.) This appeal by way of special leave filed under Article 136 of the Constitution of India is against the judgment dated Ist July, 2003, of the Allahabad High Court in Criminal Appeal No. 3083 of 2001 whereby it had affirmed the judgment and order of conviction and sentence of the appellants passed by the Special Judge, Bullandshahar in Sessions Trial No. 154 of 1998.

(2.) The appellants Dharamveer, Sanjay, Vedi and Vinod besides other accused persons were put on trial for offence under Sections 148, 302/149 and 307/149 of the Indian Penal Code. The Trial Court convicted all the appellants under Sections 148 and 302/149 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for one year and life respectively. They were further convicted under Sections 307/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years. Sentences were directed to run concurrently. On an appeal the High Court dismissed the same.

(3.) Prosecution commenced on the basis of report given by PW. 1 Jaipal Singh on 10/10/1997 to the In- charge out-post at Khurja junction within Khurja Police Station. According to the prosecution on 10th October, 1997 at 4 P.M. the informant PW. 1, Jaipal Singh along with his nephew Sheodan (deceased) brother Jagdish(deceased) besides other persons including Shiv Charan (PW2) had gone from their village Ramgarhi to village Auranga to participate in a Panchayat convened to settle the dispute between Prakash and his son. According to the informant on way back, the two deceased and Ravi Kiran were 30 to 35 steps ahead of them and after they had crossed the grove of Ravi Kiran, appellants herein armed with country-made pistols came out of millet field of Shreepal and started firing on the two deceased and Ravi Kiran. According to the prosecution Jagdish ran towards Ramgarhi and Sheodan towards Auranga and these appellants chased Jagdish and killed him whereas Sanjay, Sheesh Pal and Neetu (since acquitted) followed Sheodan and caused firearm injury causing his death in the field of Balwant.