MEGHRAJ & ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this appeal, the judgment and order of conviction rendered by the Additional Sessions Judge, Laksar, District Haridwar dated 20/21.8.2014 has been assailed whereby the accused Meghraj (son) and Rodhu (father) were found guilty for the offence of Section 307/34 IPC and they were sentenced to 10 years rigorous imprisonment, in addition to fine of rupees five thousand payable by each, in default whereof they have been further asked to undergo two months' simple imprisonment.

(2.) The incident occurred on 31.1.2010 at around 6 PM within the territorial jurisdiction of Kotwali Laksar, District Haridwar when the injured Virendra Singh along with Pawan Kumar and Ravi Pal were travelling sitting on their tractor after taking the fuel for such tractor and thus returning to their village. On way, the tractor was got stopped by three persons. All the aforenamed persons sitting on the tractor were asked to come down from their seat. Pursuant to such accosting directions, they all deboarded from the tractor. One of the accused exhorted another to open the fire.

(3.) Later on it was revealed that such exhortation was from Rodhu (A2) and in obedience of such exhortation, his son Meghraj (A1) opened the fire pointing out the barrel of gun towards the injured Virendra Singh. The fire hit in his abdomen, the bullet entered cavity deep and Virendra Singh fell down on the earth resulting in massive bloodshed at the spot.