JAGVIR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant appeal is directed against the judgment dtd. 10/5/2019 passed by the Division Bench of the High Court of Allahabad whereby the Criminal Appeal No. 6318 of 2003 preferred by the appellant for challenging the judgment dtd. 25/11/2003 and the order of sentence dtd. 27/11/2003 passed by the learned Additional Sessions Judge No.1, Mainpuri(hereinafter being referred to as the 'trial Court') in S.T. No. 56 of 2003 was rejected.

(2.) By the said judgment, learned trial Court convicted the accused appellant and accused Omkar for the offences punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter being referred to as 'IPC') while acquitting accused Sobran and Durvin from the charges. The accused appellant as well as accused Omkar were sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000.00, each and in default of payment of fine to further undergo rigorous imprisonment for a period of one year. This Court is informed that accused Omkar has served out the sentence awarded to him and was released on remission.

(3.) The first informant-Ram Naresh(PW-5) gave a written report(Ex.Ka.15) at the Police Station Dannahar, District Mainpuri alleging that his sister, brother-in-law and nephew- Sanju (deceased) were residing nearby his house in village Gokulpur for the last 15 years; on 31/8/2002, at about 5.00 p.m., accused Omkar came and asked Sanju(deceased) to remove his Naands(Hauda) from the land of the accused, to which, Sanju(deceased) objected saying that the Naands(Hauda) were existing there for a long time; at this, accused Omkar armed with a rifle of 315 bore along with Jagvir Singh(appellant herein) armed with country made pistol climbed on the roof of house of accused Omkar and exhorted the two accused(Durvin and Sobran) to surround Sanju(deceased); the accused Durvin and Sobran who were armed with country made pistols went to the house of Sanju(deceased) who on account of fear and to save his life climbed up to the roof of informant's house. Accused Omkar and Jagvir fired shots at Sanju(deceased) from the roof of Omkar's house. On hearing the noise, Ram Naresh-first informant(PW-5) and Ram Prakash(PW-1) rushed to the courtyard and found injured-Sanju trying to step down, but he rolled down near the staircase and died in the courtyard. All four accused ran away from the spot after firing gunshots.