GOPAL Vs. STATE OF U P

JUDGEMENT

(1.) THE aforesaid criminal appeals arise out against the judgment and order dated 18th October 1996 passed by Addl. District and Sessions Judge, Roorkee, District Handwar In Sessions Trial no. 203 of 1992 State vs. Gopal and Sunil u/s 147,302 I.P.C.

(2.) AS both the appeals arise out against the same judgment and order hence are being decided by common judgment.

(3.) BRIEF facts of the prosecution case, as emerged out from the record, are that on 11 -03 -1990 at about 1:45 p.m. Ajay Singh, Dinesh, Ajay Kumar, Sunil and Gopal all residents of Old Tehsil, Harijan Basti, came in front of the house of Raj Kumar and started roaming here and there. Kartar Singh 5/0 complainant Nertu as well as another person Hargyan asked the aforesaid assailants not to hurl filthy remarks against the girls of the locality. On hearing this, Dinesh @ Poii and Ajay Sin9 -h startep abusing Kartar and Hargyan. Upon hearing the hot exchanges between the parties, Anil Kumar @ Banu, Sunil Kumar, Ram Singh, Champat Ram and Vijendra Kumar arrived at the spot and tried to intervene in the matter. Dinesh @ Poli and Ajay Singh took out their country made pistois and Ajay Kumar @ Bittu, Sunil and Gopal asked their companion to assault at the complainant's party. On this, Dinesh @ Poli and Ajay Singh fired shot at complainant' side and on account of the aforesaid firing, Kartar Singh and Hargyan fell on earth after sustaining injuries on their persons. Kartar Singh succumbed to the injuries on the spot and one of the shooter Dinesh @ Poli could be captured by the persons assembled over there and they started beating Dinesh @ Poll. The people assembled at the spot also captured Sunil and Gopal, the accused persons (hereinafter called as the appellants) as well as Ajay Kumar @ Bittu but the assailant Ajay Singh could make his escape good. Assailant Dinesh @ Poli also died at the spot on account of the severe beating given by the public.