KESHAV SINGH @ KESHO Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeals are filed against the judgment and order passed by Additional Sessions Judge, Court No. 2 Mathura, on 22.10.2008 in Sessions Trial No. 637 of 2005 by which the appellants Keshav Singh @ Kesho, Bhuri Singh @ Bhura, Surendra Singh and Jagdish Singh have been convicted for the offences punishable under section 302 Indian Penal Code ("I.P.C.") and the appellant Ghanshyam for the offence punishable under section 302 read with section 120-B I.P.C. In addition thereto, the appellants Keshav Singh @ Kesho and Bhuri Singh @ Bhura have also been convicted for the offence punishable under section 25 Arms Act. The punishment awarded to the appellants for their conviction noticed above is as follows; imprisonment for life with a fine of Rs.5,000/- each and default sentence of six months additional imprisonment under section 302 I.P.C., and section 302 read with section 120-B I.P.C.; one year's rigorous imprisonment with fine of Rs. 500/- each and default sentence one-month additional imprisonment for section 25 Arms Act. The sentences were directed to run concurrently.

(2.) Prosecution case in brief, as could be elicited from the FIR lodged by Balveer (PW- 1), is that the appellants Ghanshyam, Keshav Singh @ Kesho, Bhuri Singh @ Bhura, Surendra Singh and Jagdish Singh had enmity with informant's brother Ranveer Singh (deceased) as they suspected that Ranveer Singh had informed the police about Ghanshyam's illegal arms factory, which was seized by the police on 10.6.2005. Due to this enmity, on 19.7.2005, at about 6.30 a.m., while Ranveer Singh was going to his Nauhara along with his wife Smt. Guddi Devi (PW- 2) and daughter Asha (not examined), when he reached in front of the house of Ghanshyam, the appellants Keshav Singh, Bhuri Singh, Surendra Singh, and Jagdish Singh, ambushed him and fired shots at Ranveer Singh by rifle and unlicensed pistols. On receiving gunshot injuries, Ranveer Singh died at the spot. Hearing the gunshots, Hakim Singh (not examined) and Devendra Singh (PW- 4) arrived at the spot. The appellants threatened them and fled away from the spot. According to the prosecution, Ghanshyam Singh had hatched the conspiracy to murder Ranveer Singh and, before the incident, he and other accused-appellants had threatened the informant.

(3.) The First Information Report1 dated 19.7.2005 (Ex. Ka-3) had been registered under section 302, 506, 120-B I.P.C. against the appellants at Police Station- Baldev, District Mathura at 7.15 a.m. by Balveer Singh (PW- 1). The distance between the place of occurrence and Police Station is 14 KM. The special report (SR Report) of the present case had been sent to the Magistrate on the same day at 8.30 a.m. PW-6 Sub-Inspector2 B.R. Zaidi, after receiving a telephonic information reached the place of occurrence at around 7.00 a.m., during the investigation, he recovered two used cartridges (which were .315 and .12 bore) and blood-stained earth and plain earth from the place of the incident, the proceeding of the inquest had been completed at 10.30 a.m. The body of the deceased was sent for autopsy with other police papers (Ex. Ka-11 to Ex. Ka-14).