HARPAL AND ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) (Delivered by Hon'ble Mrs. Poonam Srivastav, J.) These two criminal appeals arise out of a common Session Trial No. 433 of 2001 (State Vrs. Harpal and others) and Session Trial No. 81 of 2002 (State Vs. Suresh) Criminal Appeal No. 527 of 2003 is on behalf of Appellant Harpal and Suresh, both sons of Deepa Singh and Criminal Appeal No. 209 of 2003 is on behalf of the appellant Taraspal, son of Ram Charan Singh and Har Kishan, Son of Deep Singh against judgment and order dated 06.01.2003 passed by Sri P.K. Singh, Additional District Judge (Fast Track Court), Court No. 10, Gautam Budh Nagar. All the appellants are convicted under Section 302/34 IPC and sentence to life imprisonment and a fine a Rs. 5000/- each, in default of payment of fine, further imprisonment of three months. Conviction under Section 323 I.P.C. and sentence to six months R.I., both the sentences were directed to run concurrently. The appellants were acquitted under Section 307/147/148 I.P.C. Appellants Suresh and Harpal were acquitted under Section 25 Arms Act. Mahendra and Brajpal were also named accused in Session Trial but they have been granted acquittal by the learned Trial Judge.

(2.) THE incident is alleged to have taken place on 05.10.2001 at 7.45 P.M. inside the house of Sanjay Singh (P.W. 1) in village Thora, Police Station Jevar, District Gautam Budh Nagar. The First Information Report was lodged on the same date i.e. 05.10.2001 at 9.10 P.M. at Police Station Jevar, District Gautam Budh Nagar by Sanjay Singh (P.W. 1), which is Ext. Ka-1. The distance of the Police Station is 10 Kms towards east.

(3.) INJURIES of Sanjay Singh was examined on 06.10.2001 at 3.00 A.M and Rajendra Singh at 2.50 AM at Primary Health Centre, Jevar by Dr. R.P. Singh (P.W. 5).