SURENDRA SINGH @ BITTU Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) ACCUSED Surendra Singh alias Bittu and Rajendra Singh, the real brothers, have filed this appeal from their conviction and sentence to imprisonment for life and fine of Rs. 5000/ - and in default of payment of fine to undergo R.I. for one year under Section 302/34 I.P.C.; R.I. for six months each under Section 504 I.P.C. and R.I. for two years each under Section 506 I.P.C., per judgment dated 17 -06 -2002 passed by Additional Sessions Judge/F.T.C., Kashipur, District Udham Singh Nagar, in sessions trial No. 331/2001.

(2.) TRILOK Singh co -accused of the case was acquitted of the charges also leveled against him under ali these three counts.

(3.) THE facts of the case are that on 14 -6 -2001, Ram Singh deceased (hereinafter referred to as deceased), as usual went to his agricultural pinot in Mohali jungle of P.S. Bazpur, District Udham Singh Nagar. Cattle belonging to accused Surendra Singh alias Bittu entered into the plot of the deceased. In the past also these cattle have damaged the crop in the plot of the deceased. The deceased made a complaint about it to accused Surendra Singh who did not take it nicely. At about 7.30 P.M. on that day accused Surendra Singh and his brother accused Rajendra Singh started abusing the deceased. The accused Rajendra Singh told his brother that the deceased create trouble everyday and therefore need to be killed. On this instigation accused Surendra Singh fired shot from his gun which hit the deceased on the left flank of the abdomen causing him injury. At the time of the incident deceased's father Madan Singh and his other co -villagers Govind Singh and Kharak Singh were also there at the plot and they saw the occurrence. Accused gave them threat of dire consequences and fled away from there. When the deceased was being taken to hospital, he breathed his last.