MASTER MADAN PAL Vs. STATE OF UP

JUDGEMENT

(1.) The instant appeal arises out of Sessions Trial No. 1239 of 1999, State v. Mitrapal and four Ors. Sessions Trial No. 1239 of 1999The present two Appellants were sent up for trial alongwith co-accused Mitrapal, Brahmpal and Sanjay. These three co-accused were acquitted under Sections 148, 302 read with 149, I.P.C. and Section 307 read with 149, I.P.C. The present two Appellants have been convicted and sentenced to undergo life imprisonment under Section 302, I.P.C. and a fine of Rs. 5,000 each. In default of payment of fine, six months simple imprisonment. The accused Subhash and Mitrapal were also tried for an offence under Section 25, Arms Act after the police had shown recovery of one country made pistol of 12 bore and 2 cartridges of 12 bore from accused Mitrapal and one country made tamancha and one cartridge of 12 bore from Subhash. Recovery was disbelieved and Appellants Subhash and co-accused Mitrapal were acquitted under Section 25, Arms Act.

(2.) The occurrence is alleged to have taken place on 20.7.1999 at 3.15 p.m. near field of Buchcha Singh, resident of Bhikkanpur. According to F.I.R. a written report was given at the police station Sarsawa, district Saharanpur on the same day, i.e., 20.7.1999 at 17.30 hours. The police station is situated at a distance of six kilometres from the place of occurrence. The report was lodged by P.W. 1 Jhandu Singh.

(3.) Two persons namely Tejpal and Sushil both sons of Jhandu Singh P.W. 1 died in the incident. Post-mortem on the body of two deceased was performed by P.W. 4 Dr. V.K. Bhargava on 21.7.1999, the two post-mortem reports are Exs. Ka-2 and Ka-3. Ante-mortem injuries of the two deceased are detailed hereinbelow: