SOMPAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) IN these two connected appeals, the appellants have challenged the judgment and order dated 08.11.2005 passed by Sri Jaisheel Pathak, the then Additional Sessions Judge, (Court no.5), Ghaziabad in S.T. No.127 of 1999 State Vs. Tejveer Singh and others (Crime No.251 of 1998), under sections 302 and 307 IPC, P.S. Masoori, district Ghaziabad, S.T. No.139 of 1999 State Vs. Tejveer Singh (Crime No.560 of 1998), under section 25 Arms Act, P.S. Kavi Nagar, district Ghaizabad, S.T. No.140 of 1999 State Vs. Satveer Singh (Crime No.561 of 1998), under section 25 Arms Act, P.S. Kavi Nagar, district Ghaziabad and S.T. No.141 of 1999 State Vs. Sompal (Crime No.562 of 1998), under section 25 Arms Act, P.S. Kavi Nagar, district Ghaziabad, whereby each of the appellants have been convicted for the offence punishable under section 302 IPC and sentenced to undergo imprisonment for life and fine of Rs.10,000.00 each with default stipulation. Each appellant had also been convicted and sentenced to rigorous imprisonment for one year and fine of Rs.1000.00 each with default stipulation under Section 25 of the Arms Act.

(2.) THE prosecution story in nutshell is that on 7.10.1998 at 9.30 a.m. complainant Sudesh Kumar son of Sri Baleshwar Yadav, resident of Village Raghunathpur, Police Station Masoori, district Ghaziabad submitted a written report scribed by Mahavir Singh Yadav, resident of Village Raghunathpur in P.S. Masoori, district Ghazibad wherein he stated that his elder brother Rajendra Singh is serving the Delhi Police. On 7.10.1998, Rajendra Singh was going to Delhi on his scooter along with complainant. Co-villager Aman Singh and Ram Saran, were also coming on their motorcycle and when they reached in front of Azad Memorial Inter College, Qasba Dasna at about 9.30 a.m. Tejveer Singh and Satveer Singh, sons of Rohtas and Sompal son of Sukhpal of their village having illicit weapons came from behind on black colour Bullet motorcycle No.DL-45-9303 and intercepting the complainant and his brother, all the three accused persons with intention to kill opened indiscriminate firing on them. In order to save himself Rajendra Singh ran towards the field, but the accused persons killed him by firing gun shots and he instantaneously died on the spot. The report further stated that the complainant saved himself by entering into the shop of Babu Mistri and closed the door. The accused persons also attempted to kill him, as they were having old enmity with them. On account of broad day indiscriminate firing terror was created in Qasba Dasna and the passersby leaving their shoes, chappals and bicycle at the scene of occurrence ran hither and thither. The people closed their houses and shops. The accused persons firing in the air made their escape good on their motorcycle towards Ghaizabad. Leaving the dead body of his brother at the spot. the complainant submitted his written report in Police Station Masoori.

(3.) THE inquest on the cadaver of the deceased was performed at the spot on 7.10.1998 from 10:40 a.m. and the same was sent in a sealed cover for postmortem examination along with usual papers. Dr. L.M. Upadhyay, PW 3 conducted autopsy upon the cadaver of the deceased on 7.10.1998 at 4.00 p.m. He found that 30-years old deceased was having average built body. Rigor mortis was present and decomposition has not started. He found the following ante-mortem injuries on the person of the deceased.