ATAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellant Atar Singh was convicted u/s 307 IPC and was sentenced to seven years RI, with fine of Rs. 500/= and in default of payment of fine to undergo six months further RI, by IIIrd Additional Session's Judge, Bijnor, in S.T.No. 358 of 1980, which conviction and sentence has been challenged by him in the instant appeal.

(2.) Unfolded prosecution allegations against the appellant, as was dictated orally at the police station Chandpur, district Bijnor, by the informant Chandra Pal Singh, PW3, on the basis of which chik FIR of Cr.No. 335 of 1980, u/s 307 IPC was registered at 6.30 a.m. on 9.8.80, were that, over a pen there, was enemity and civil litigation going on between appellant and informant, PW3. Initially appellant had feigned informant and his brother Syam Singh in a robbery case, two years prior to the present incident, but in that trial, they were acquitted by the court vide it's judgement and order dated 14.7.2011. This had further aggravated animosity between rival sides. Motivated by the rivalry, on the intervening night between 8/9.8.80 at 2 a.m., appellant along with three other socio criminises, trespassed into informant's pen, where informant was sleeping along with Ram Gopal Singh and Dilawar Singh. Their tramp sound woke up the informant , who recognized the appellant and his associates. Two of the tress-passers were armed with fire arms whereas rest of the two were armed with clubs. Appellant , after spotting informant, instigated his associates, on which informant rumpled or cockled himself over the his cot but was shot at sustaining gunshot injuries on front of his torso and upper limbs. Two other accused kept witnesses at bay by threatening them. After the incident accused rushed out of the pen and eloped in darkness but, while fleeing from the incident scene, they were spotted by Moti Singh and Malkhan Singh. Informant's associates, who were also sleeping in the pen had also recognized them and had witnessed the incident.

(3.) Informant, in an injured condition, came to the police station Chandpur, at a distance of five miles, on a roadster, and orally dictated FIR, which was registered as crime number 335 of 1980, u/s 307 IPC, at 6.30 a.m. by Constable Shyam Babu, PW2, by sketching Chick FIR, Ext. Ka2 and GD entry, Ext. Ka3.