STATE OF U P Vs. BAAJ SINGH

JUDGEMENT

(1.) THIS leave to appeal has been filed by the State against the judgment of acquittal dated 31.01.1996 passed by Additional Sessions Judge, Nainital vide which the accused / respondents were acquitted for offences punishable under sections 302, 307 read with section 34 IPC and section 27 Arms Act.

(2.) IT is one of the unfortunate case where family members of two cousin brothers are involved. Major Singh and Amar Singh were the unfortunate victims, who died in occurrence while Dileep Singh suffered fire arm injuries. There were three accused namely Tara Singh, Baaj Singh and Trilok Singh, but Tara Singh died during the course of trial. All the three accused stood trial for the offences punishable under sections 302, 307 read with section 34 of the IPC and section 27 Arms Act.

(3.) PROCESS of criminal law was set in motion against the respondents at the instance of PW1 Chanan Singh, brother of deceased Major Singh and brother -in -law of deceased Amar Singh alias Amar Jeet Singh. The FIR (exhibit Ka1) was lodged by Chanan Singh, stating therein that his house is close to the house of his cousin brothers i.e. accused Tara Singh, Baaj Singh. Accused were having grudge against him over land of passage and on this account they had altercation with him quite often. On 04.03.1999 at about 9.00 p.m. Tara Singh armed with unlicensed gun, Baaj Singh armed with licensed gun and Trilok Singh armed with ballam came together at their house and exhorted the complainant party to come out. Thereupon, the complainant Chanan Singh along with his brother Major Singh and brother -in -law Amar Singh and father Dileep Singh came out and inquired as to what was the matter. Immediately thereupon, Tara Singh and Baaj Singh started firing from their guns. Chanan Singh took shelter while Major Singh, Amar Singh and Dileep Singh fell down in the courtyard after receiving gun shot injuries. Major Singh and Amar Singh died at the spot. Dileep Singh received gun shot injury on his shoulder. At the time of occurrence, Bagicha Singh and Sukhdev Singh were also present at the complainants house. The occurrence was witnessed by all the family members. On raising alarm, all the accused went away towards their house.