PRAMOD TYAGI Vs. STATE OF UP

JUDGEMENT

(1.) This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 15th of March 1999, passed by II Addl. Sessions Judge, Haridwar, in Sessions Trial No. 70 of 1998, whereby accused / appellant Pramod Tyagi has been convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short I.P.C.), and sentenced to imprisonment for life.

(2.) Heard learned counsel for the parties and perused the lower court record.

(3.) Prosecution story, in brief, is that on 12.12.1996, at about 10:00 A.M., accused / appellant Pramod Tyagi alongwith Munesh Tyagi and Pawan Tyagi @ Sunil came to the house of Vijay Pal (deceased) in Village Hathiathal, and took him with them. It is alleged that P.W. 2 Mange Ram, while coming from Roorkee to his village Hathiathal, near the 'CHARKHI' (cane crusher), saw that accused Munesh had caught Vijay Pal, and accused / appellant Pramod Tyagi and another accused Pawan Tyagi @ Sunil fired shots at Vijay Pal, who died on the spot. The prosecution case is that P.W. 2 Mange Ram informed P.W. 1 Chandra Shekhar (complainant and brother of the deceased) in village Peer Majra about the incident. Thereafter, on 13.12.1996, at about 12:30 P.M., P.W. 1 Chandra Shekhar lodged the first information report which was registered as Crime No. 303-A of 1996, at police station Manglaur, District Haridwar.