ANANT SINGH @ PAPPU Vs. STATE

JUDGEMENT

(1.) By way of the instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 28.01.1992 passed by the VI-Additional Sessions Judge, Fatehpur, in Sessions Trial No.278 of 1990 State of U.P. Vs. Kalika Singh and another, arising out of Case Crime No.153 of 1989, under Section 307 I.P.C., Police Station- Husainganj, District- Fatehpur whereby the appellant has been sentenced to undergo life imprisonment.

(2.) Heard Sri Harish Chand Tiwari, learned amicus curiae for the the appellant, Shri Krishna Pahal, learned Additional Advocate General assisted by Sri Bhanu Pratap Singh, Sri Ajay Kumar Singh, Sri Jitendra Kumar and Sri Nafis Ahmed, learned brief holders for the State and perused the record of this appeal.

(3.) Facts germane as reflected from perusal of the record and particularly from the first information report reveal that the informant Ramanuj son of Ram Singh, resident of village Jamrawan, Police Station Husainganj, District Fatehpur, lodged the written report at Police Station Husainganj, on 16.09.1989 at 9:35 pm to the effect that the informant was sitting at his doors when his grand-father Kalika and his son Anant Maan Singh @ Pappu arrived on the spot and asked him whether he went on the roof whereupon the informant said that he never went on the roof. At this, the assailants were agitated and at the exhortation of Kalika, Pappu opened fire on the informant with intent to kill him which hit him on his skull, thus causing injury. The incident was witnessed by Rajkali, sister-in-law of the the informant, Gomti Devi wife of Ram Singh, mother of the informant and other villagers. The time of the incident was described as 8:00 pm. It was requested that report be lodged and appropriate action be taken. This written report was scribed by Hardev Singh and the same is Ext. Ka-1.