ANGOORI DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The accused appellants have challenged the judgment and order dated 10.09.1999 passed by Special Judge (CBI) / Additional District Judge, Nainital in sessions trial no. 234 of 1990 vide which they have been convicted under section 302 read with section 34 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 1000/- each and in default of payment of fine, they have been ordered to undergo further simple imprisonment of one month each.

(2.) Facts of the case, in brief, are that on 24.11.1989 at about 3.30 p.m. deceased Jaswant Singh along with his younger son Palvinder Singh was going from Rudrapur to his village Bhamrola when they reached on the side lane of the canal, accused Angoori Devi along with her brother-in-law Chandra Pal Singh alias Daroga armed with gun, Vijay Pal Singh armed with country made pistol and Basant Kumar armed with farsa came out of the sugarcane field and encircled Jaswant Singh and Palvinder Singh. Accused Angoori Devi exhorted to kill Jaswant Singh, as he had murdered her brother, thereupon Chandra Pal Singh and Vijay Pal Singh fired with their respective weapons and Basant Kumar gave farsa injury. On alarm being raised by Jaswant Singh and Palvinder Singh, Daljeet Singh (son of Jaswant Singh), Lakhvinder Kaur (wife of Jaswant Singh) and Satyendra Singh (cousin of Palvinder Singh) reached the spot and witnessed the occurrence. They challenged the accused persons, thus, all the four accused ran away towards Bhamrola. The motive for causing the injury was that Om Veer Singh, brother of Angoori Devi, had been murdered in the year 1986. Jaswant Singh and one Pope Singh were named as accused. Angoori Devi had got murdered Pope Singh later on and the case against Jaswant Singh only was pending in the court. Angoori Devi was looking for an opportunity to take revenge from Jaswant Singh.

(3.) The matter was reported by Palvinder Singh by submitting application exhibit Ka 14 in police station Rudrapur on the basis of which chick First Information Report (exhibit Ka 7) was recorded on 24.11.1989 at 4.30 p.m. The investigation was handed over to PW6 Chandra Pal Pathak, who visited the spot and prepared scaled site plan (exhibit Ka 12) and took into possession the blood stained shirt and turban of deceased Jaswant Singh. He also lifted empty cartridges and wads from the spot and took into possession vide memo exhibit Ka 2. Blood stained earth and simple earth were also taken into possession from the place of occurrence vide memo exhibit Ka 3. The shoes of the victim were also taken into possession vide memo exhibit Ka 4. He also prepared the inquest report. Dead body was sealed in a parcel and sent for postmortem. The postmortem was conducted on 25.11.1989 at 12.05 p.m. The post mortem report is exhibit Ka 6. After recording the statement of the witnesses and completion of the investigation, chargesheet was submitted before the court. On the basis of evidence on record, the accused were charged under section 302 read with section 34 IPC to which they pleaded not guilty and claimed trial.