MAHENDRA SINGH BAGHEL Vs. STATE OF U.P.

JUDGEMENT

(1.) Instant appeal is against the judgment and order dated 30.09.2010 passed by the Additional Session Judge, Court No. 2, Firozabad in Sessions Trial No. 502 of 2003 by which the appellants Mahendra Singh Baghel (A1) and Geetam Singh Baghel (A2) have been convicted under section 302 read with section 34 I.P.C. and sentenced to undergo imprisonment for life with fine of Rs. 10,000/- each and in default of payment of fine to undergo imprisonment of two years.

(2.) The prosecution case as per the first information report (for short 'FIR') (Ex. Ka-1), which was lodged on 25.05.2002, at 3:05 am, at P.S. Pachokhra, District Firozabad, by Mohan Lal Baghel (not examined), elder brother of the deceased (Bhagwan Singh Baghel), is that there was a marriage party of the daughter of Prem Singh in which a dance programme was going on. The informant, his younger brother (the deceased) and several others were witnessing the dance programme. While watching the programme, at about 1.30 am in the night of 25.05.2002, the deceased left the programme to attend to nature's call, there Mahendra Singh Baghel (A1) stopped him and Geetam Singh Baghel (A2), the brother of A-1, fired at the deceased from a country made pistol thereby causing injury to the deceased. In the first information report it was alleged that the incident was witnessed by Munshi Lal Baghel (PW.3) and informant's nephew Ranveer Singh (PW.1) and various other persons, who tried to get hold of the accused but they escaped. The alleged motive for the crime was land dispute.

(3.) The FIR was scribed by Ram Swaroop Baghel (PW.2). The Chik FIR (Ex. Ka4) was made by Pooran Mal (PW6). Initially it was registered for an offence punishable under Section 307 I.P.C. as by that time the deceased was alive. After lodging the FIR the deceased was rushed to the hospital but died on way at about 5 am. On report of his death, vide GD Entry No.11 (Ex. Ka 6), at about 10.30 am, on 25.05.2002, the case was converted to Section 302 I.P.C. Thereafter, the inquest was conducted in the mortuary of District Hospital, Firozabad at about 1.00 pm on 25.05.2002. Inquest report (Ex. Ka-2) was prepared and witnessed by Nihal Singh (PW.4) amongst others who have not been examined.