HARENDRA NATH ROY Vs. HARENDRA NATH ROY

JUDGEMENT

(1.) THIS is an appeal against the Judgment and order dated 21st October 1982.

(2.) THE appellants are residents of village Chandan Nagar of P.S. Rudrapur, District Udham Singh Nagar. Deceased Karnail Singh was resident of Settlement Motipur No.2 of the same Police Station. Informant eye witness Sohan Singh (P.W.2) resident of Settlement Motipur No.1 also of the same Police Station is the brother -in -law of the deceased. Eye witness Balvinder Singh (P.W.3) is the son of the deceased and whereas the third eye witness Rishipal Singh (P. W.4) resident of village Neta Nagar of the same Police Station is an acquaintant of the deceased.

(3.) THE case of the prosecution was that in the night of 26th /27th July, 1981 deceased Karnail Singh was sleeping in his court -yard. The above named three eye witnesses and other family members were also asleep nearby in the court -yard. On being disturbed by the barking of the dogs they woke -up. The deceased Karnail Singh flashed his torch towards the passage in the north. There the two appellants were seen standing. The appellant Sashi Bhusan was possessed of a gun and whereas the appellant Harendra Nath Roy was carrying a pistol. The deceased Karnail Singh asked them as to why they were there in the odd hours of the night. At that point of time appellant Harendra Nath Roy gave exhortation to kill the deceased Karnail Singh because he had forcibly taken their land. Both the appellants then fired their weapons and shot hit the deceased Karnail Singh on the chest. He died instantaneously on the cot. Both the appellants then fled towards the west. The witnesses have recognized them in the light of the electric torch.