RAJENDRA KUMAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) One Ashok Kumar addressed a complaint to Station Officer, Police Station Gadarpur, District Udham Singh Nagar, on 27.06.1999, enumerating the facts therein that on the selfsame day, i.e., 27.06.1999, when the informant was harvesting his field, situated in Shyamnagar and the tractor was being driven by Bikau Miyan, then informant's brother Rajendra Kumar (appellant) armed with licensed rifle came along with his father Hemraj (appellant) on the field. A dispute was going on between them (informant and appellants) regarding the partition of agricultural land. Accused-appellants started abusing informant Ashok Kumar. Hemraj exhorted Rajendra to kill the informant.

(2.) PW 1 Ashok Kumar said that on 27.06.1999, at 6:30 p.m., when he was harvesting his field through the tractor, which was being driven by PW 2 Bikau Miyan, and PW 1 was sitting on the right mudguard of the tractor, his father Hemraj (appellant) and younger brother Rajendra Kumar (appellant) came on the field situated in Shyamnagar. Rajendra Kumar was carrying rifle.

(3.) PW 2 Bikau Miyan was the injured, who said that, on 27.06.1996, at 6:30 p.m., when he was ploughing the field of Ashok Kumar with tractor and PW 1 Ashok Kumar was sitting on the (mudguard of the) tractor, appellants Rajendra Kumar and Hemraj came on the field. Appellant Rajendra Kumar was carrying licensed rifle in his hand. Both of them started abusing them. Appellant Hemraj, who was father of PW 1 Ashok Kumar, instructed appellant Rajendra Kumar to kill PW 1 and PW 2.