TEJPAL Vs. STATE

JUDGEMENT

(1.) These two appeals arise from Session Trial No. 566 of 2004. State v. Tejpal and Ors. The connected session trials under Section 25, Arms Act were also tried together which ended in an acquittal. Four Appellants namely Tejpal son of Khajan Singh, Jagannath son of Shanwaliya, Darshan Pal son of Ram Lal and Harisankar Pal son of Darshan Pal are convicted under Section 302/34, I.P.C. and sentenced to undergo life imprisonment and fine of Rs. 5,000 each. In default of payment of fine, six months further imprisonment. Under Section 307/34, I.P.C. sentence is 10 years R.I. and fine of Rs. 5,000 each. In default of payment of fine, six months further imprisonment. Charges were also framed against all the accused under Sections 336, 504 and 506, I.P.C. but the Appellants have been acquitted in respect of these offences.

(2.) The incident is alleged to have taken place on 10.4.2004 at 6.30 p.m. in front the house of Hakim Singh in village Tehra. F.I.R. was registered at Case Crime No. 120 of 2004, under Sections 307, 336, 504 and 506, I.P.C. on the same day, i.e., 10.4.2004 at 19.50 hours. The report was lodged by Ramesh Chandra P.W. 1 at Police Station Raya, district Mathura situated at a distance of 8 kilometres east.

(3.) According to the F.I.R., the assertion of the first informant was that ten days prior to the date of occurrence, accused Tejpal and some other unknown persons used to pelt stones on their house. On account of this grudge on the date and time of occurrence, accused Tejpal conspired with his associates Jagannath son of Shanwaliya, Darshan Pal son of Ram Lal and Harisankar son of Darshan Pal, all resident of Behra, arrived on the Marshal Jeep No. UP-86-4108 with their unlicensed country made tamanchas, started using vituperative language and indulged in indiscriminate firing and also started pelting stones which resulted in injuries to the two deceased and other five inmates of the house. The names of the witnesses mentioned in the F.I.R. besides the first informant were Jagdish. son of Mohan Singh and Dharmvtr (P.W. 5) son of Netrapal and other villagers. Fire arm attributed to the accused Tejpal is .03154 bore country made katta. Jagannath, Darshan Pal and Harishankar are alleged to be armed with 12 bore katta.