BALDEV SINGH Vs. STATE OF U P

JUDGEMENT

(1.) PARCHA filed by Sri N.I. Jafri on behalf of the complainant is taken on record. Heard Sri G.S. Chaturvedi, senior advocate assisted by S/Shri Pradeep Singh and S.B. Singh, learned counsel for the applicant, learned A.G.A. for the State and Sri N.I. Jafri, learned counsel for the complainant and perused the records.

(2.) LEARNED counsel for the applicant submitted that according to FIR, the deceased Preetam Singh, on 7.8.2011, was coming from Kashipur to his house in village Dhamman by a motorcycle. The first informant Balvinder Singh and his maternal uncle (mama) Darbara Singh were also going on the same route. At about 5:40 P.M., as Preetam Singh reached the village Khapriya Ramshabad, accused Baldev Singh (applicant), Kulveer Singh @ Soni and Paramjeet Singh stopped Preetam Singh and fired indiscriminately with pistols causing his death. In the meantime, first informant, his mama and one Gurvinder Pal @ Goldy also reached there and challenged the assailants, who managed to escape.

(3.) THE statement of Gurvinder Pal @ Goldy goes to indicate that he found the deceased lying on the road alone and the deceased, on his asking, made a dying declaration. This fact itself indicates that the first informant and his mama were not present on spot, but came later on. In the very first statement, Gurvinder Pal @ Goldy indicated that the deceased had told him the name of Kulveer Singh @ Soni only and could not disclose the name of other accused, but subsequently he was made to change his statement.