PARAM JEET SINGH @ PAMMA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY the present criminal appeal the appellant has chal­lenged the sentence awarded by the Ses­sions Judge, Udham Sngh Nagar, Ru­drapur dated 9th August, 2001 under sec­tion 302 IPC as well as under section 307 IPC. The appellant was sentenced life im­prisonment under section 302 IPC and ten years rigorous imprisonment under section 307 IPC. The Sessions Judge has also im­posed a fine. of Rs. 10,000/- failing which the appellants has to undergo another three years rigorous imprisonment. Brief facts giving rise to the present appeal are:

(2.) THE complainant Shri Ajeet Singh on-27th April, 2000 has lodged a First In­formation Report at about 6.40 PM at PS. Rudrapur stating therein that his grandfather Shri Har Dayal Singh had five sons and his grandfather gave the shares to Gopal Singh, Jogender Singh and Mahinder Singh in the property. In the FIR it has further been stated that his father and uncle Paramjeet Singh alias Pamma had not been given their shares. It was stated that complainant's uncle Paramjeet Singh alias Pamma sold the plot of Kalyani New, Rudrapur by fraud. It was further stated that on 27th April, 2000 the complainant's grandfather namely Shri Har Dayal Singh had executed the Power of Attorney regarding Matkay Wali Gali residential home in favour of his father namely, Shri Inderjeet Singh. On the said execution Paramjeet Singh alias Pamma abused words and threatened his father. In the FIR it has further been mentioned that on 27th April, 2000 at about 5.45 PM. the complainants Ajeet Singh his fa­ther Inderjeet Singh, his brother Surender Singh, Sharanjeet Singh, Baljeet Singh, Satwant Singh and Gurmeet Singh went to leave his grandfather at his residential house i.e. Matkay Wali Gali. It was stated that when they were coming down from the car, Paramjeet Singh alias Pamma and his 2-3 companions were standing therein. Paramjeet Singh had started firing with an intention to kill them due to which com­plainant's father and brothers Surender Singh, Sharanjeet Singh, Baljeet Singh and grandfather Har Dayal Singh got in­juries. As a result of the aforesaid firing complainant's father namely Shri Inderjeet Singh his brothers Surender Singh and Sharanjeet Singh died. Baljeet Singh got injury on his face and his grand­father Har Dayal Singh also got injuries by - gunshot. FIR further revealed that after hearing the noise of gunshot Harpal Singh, Rajender Kumar came there and saw the incident. Some people went to the hospital alongwith complainant's fa­ther and brothers.

(3.) INVESTIGATING Officer has prepared - the report of blood stained mud and sim­ple - mud, report of recovery of empty car­tridges and turban and goggles which are marked Ex. Ka-2, Ka-3 and Ka-4 respec­tively. The Panchayatnama were also pre­pared with regard to dead bodies of corpses of Inderjeet Singh, Surender Singh and Sharanjeet Singh marked as Ex. Ka­15, Ka-18 and Ka-23.