TEJPAL Vs. STATE OF U P

JUDGEMENT

(1.) By way of this appeal the appellant has challenged the judgement and order dated 21.12.2010, passed by Additional Sessions Judge, Fast Track Court No.1, Baghpat, in Sessions Trial No. 488 of 2006 (State Vs. Virpal and others) and Sessions Trial No. 489 of 2006 (State Vs. Tejpal), whereby the accused- Tejpal was convicted and sentenced for commission of offence under Section 452 I.P.C. for three years rigorous imprisonment with fine of Rs. 5000/- and for commission of offence u/s 302 I.P.C. for life imprisonment with fine of Rs. 50,000/-

(2.) The learned Judge acquitted all the other co-accused and convicted the present accused for commission of offence under Section 302 I.P.C. with fine of Rs. 50,000/-. The moot question which has been raised is could accused who were all facing charges under Section 302 I.P.C. could be acquitted on the same set of evidence led before the learned trial court.

(3.) Brief facts of this case are that an F.I.R. was lodged by the informant Jai Bhagwan against the accused/appellant alleging therein that on 18.9.2004 at about 10:30 am. when he was at his grocery shop, he heard firing at late Baburam's house. After hearing that sound, he was going to Baburam's house and at that time deceased-Ajay, nephew of the informant came running and shouting for help to the informant from Baburam's house. Accused- Tejpal and his three other companions came there following Ajay. All the four persons were armed with country-made pistols. On seeing the informant, the deceased asked for help and said that Tejpal had fired at him and he fell on the road (khadanja). Thereafter, all the four accused opened fire at the deceased- Ajay, whereupon he died on the spot. The informant went to Baburam's house where he found the dead body of Baburam's son, namely, Deepak @ Kale, covered in blood, on the cot in the living room. In that living room deceased Deepak and Ajay were there with other villagers when the accused Tejpal and three others opened fire at Deepak and Ajay. Deepak died on the spot on cot and Ajay in order to save his life tried to flee away but the accused followed Ajay and by indiscriminate firing killed him. The incident took place in front of many villagers but nobody could dare to catch the accused persons. The accused ran away towards fields on western side, hurling threats that whosoever would try to find them, he too would be met with similar consequence.