NAQLI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Naqli and his son Vijai Pal have appealed against the judgment and order dated 16/05/1986, passed by Special Sessions Judge, Muzaffarnagar in Sessions Trial No. 316 of 1983 u/S.302/34, IPC and S. 25 of Indian Arms Act by which Naqli was sentenced to undergo life imprisonment for the offence u/S.302, IPC and to a term of one year's R.I. for the offence u/S. 25 of the Indian Arms Act, while Vijai Pal was convicted for the offence u/S. 323, IPC and was sentenced to pay a fine of Rs.200. A fine of Rs.200/- also imposed upon the appellant Naqli for the offence u/S. 302, IPC.

(2.) The case of the prosecution, as was unfolded in the evidence of Bhopal Singh and other witnesses, may briefly be stated as follows :

(3.) Bhopal Singh, P.W. 1, son of Sukhbir Singh, is a resident of village Gyana Majra P. S. Charthawal. Accused Naqli and Vijai Pal also reside in the same village. Prior to the occurrence of this case Bhopal Singh's grandfather, Jabar Singh, had lodged a report against Naqli in which it was alleged that Naqli had demolished the Mend of the field of Jabar Singh. Consequently, relations between the family of Jabar Singh and the accused became strained. On the night of 1/2-6-1983, Sukhbir Singh deceased along with Bhopal Singh, PW- 1 and Indrapal PW-2 was sleeping upon his tube-well where the wheat and chaff were kept. At about 4 a.m. accused Naqli and Vijay Pal, accompanied by one of their relation Sukbir Singh of village Raipura, came there. The deceased Sukhbir Singh was sleeping upon his cot at that time. Both the accused and their relation Sukhbir Singh pounced upon the deceased Sukhbir Singh. The deceased raised alarm as a result of which both Bhopal Singh and Indrapal were awakened. Naqli then gave out that he would teach the deceased a lesson for lodging report regarding dismantling of the boundary. Naqli was armed with a country made pistol at that time. When Bhopal Singh and Indrapal attempted to save the deceased Sukhbir Singh, Naqli threatened them that he would shoot them if they left their place. Both the accused along with their relation Sukhbir Singh then started grappling with deceased Sukhbir Singh, who in the meantime, had got up from his cot. Upon the alarm being raised by Bhopal Singh and others Narendra son of Suba had also come there. Naqli then fired from his country made pistol upon the deceased Sukhbir Singh and Vijjai Pal and Sukhbir Singh were pressing the deceased Sukhbir Singh at that time. The deceased was hit by the bullet and died on the spot. It was a moon-lit night. After the firing of the shot villagers from the side of the village also came there. At that stage, the accused along with their relation bolted away towards East.