AWADHESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri S.V. Singh, learned counsel for the appellant, Shri Ajendra Kumar, learned counsel for the informant and Shri Ratan Singh, learned A.G.A. for the State.

(2.) The present criminal appeal has been filed against the judgement and order dated 16.9.2005 passed by the Sessions Judge, Etah in S.T No. 714 of 2003 whereby the appellant has been convicted under section 302 I.P.C. and sentenced to life imprisonment with fine of Rs.10,000/- and in default of payment of fine further imprisonment for one year.

(3.) A first information report was lodged by one Narendra Singh on 12.08.2003 at about 8.30 PM alleging therein that he alongwith his uncle Ahibaran Singh and his father Shishu Pal Singh were going from village Nagla Mohan, Thana Raja Ka Rampur, District Etah to attend an invitation in Village Gadhaiya and while they were on the way at about 6.00 PM accused Awadhesh s/o Baburam came on Rajdoot Motorcycle and with intention to kill he fired indiscriminately at his father Shishu Pal from his licensed double barrel gun and on receiving the fire arm injuries his father Shishu Pal fell down and died on the spot. This incident is stated to have been witnessed by several people present on the road and some other persons who were working in their fields but as soon as the incident took place these persons out of fear ran away in different directions. The informant left the body of deceased Shishu Pal on the spot and went to the police station and lodged the first information report. It is also stated in the F.I.R. that this incidence was also witnessed by his grandfather Sri Ramchandra.