UDAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) By the judgment impugned dated 21.02.1990, learned Ixth Additional Sessions Judge, Meerut recorded conviction of the accused-appellants Bhagmal and Udal Singh for an offence punishable under Section 302 read with Section 34 Indian Penal Code and awarded sentence to undergo life term imprisonment.

(2.) As the accused-appellant Bhagmal died during pendency of the appeal. His appeal abated on 22.07.2019. We are examining the merits of the case to the extent those relate to accused-appellant Udal Singh.

(3.) Precisely, the case of the prosecution is that on 01.02.1987 at 06:45 P.M., a first information report was lodged at Police Station Mowana by Bhunde Singh with an assertion that on the same day, he, Vijay Pal, Bhunde and Ganga Charan had gone to Village Katka for some urgent work. While returning to their native village on a chak road, the accused Shree Chand, Bhagmal and Udal Singh, all sons of Muley Gujar came out from the sugarcane field and intercepted them. All the accused were armed with country-made pistols. Accused Bhagmal shot at Ganga Charan. Thereafter, the accused Shree Chand and Udal Singh also fired, but those shots did not hit Ganga Charan. As a consequence to the firearm injury, Ganga Charan died at the spot.