SARJEET Vs. STATE OF U. P.

JUDGEMENT

(1.) This Criminal Appeal has been preferred by appellants - Sarjeet and Devendar against the judgment and order dtd. 1/5/2010 passed by Additional District and Sessions Judge, Fast Track-I Court No.9, District Gautam Budh Nagar in Sessions Trial No.291 of 2002 (State Vs. Hari Singh and Others) arising out of Case Crime No.42 of 2002 under Ss. 147, 148, 302, 120-B IPC, Police Station Dankaur, District Gautam Budh Nagar, convicting and sentencing both the appellants for the offence under Sec. 147 IPC to undergo six months imprisonment with fine of Rs.500.00 each, for the offence under Sec. 148 IPC to undergo one year imprisonment with fine of Rs.1000.00 each and for the offence under Sec. 302 IPC to undergo imprisonment for life with fine of Rs.10,000.00 each with default sentence. Brief Facts of the case -

(2.) Prosecution story, in nutshell, as unfolded in written report (Ex.Ka.-1), is as follows: On 21/3/2002 at about 7.00 a.m. the complainant Nepal Singh alongwith Ramesh, Gajraj and Pawan was sitting in his Gher, when his son Bijendra was sent to Milak to collect money. After Bijrendra left, the complainant saw that accused Sarjeet and Devendar alongwith 5-6 young aged unknown fellows armed with country made pistols and knives were going towards Milak. Apprehending that the accused may not indulge in fight with his son Bijendra, the complainant alongwith Ramesh and others went towards Milak and saw that near Johar Bijendra was caught hold by accused Devendar, Sarjeet and their 5-6 associates who were beating him. The accused Devendar and Sarjeet armed with knives assaulted his son Bijendra on his face and cut his neck. When the complainant raised alarm, hearing his shrieks, Prithvi, Satti and Malkhey alongwith other people reached at the place of occurrence, then the accused persons fled away towards the village Milak. It is further stated in the report that 5-6 years back, accused Devendar's brother Harveer had fallen in a well and died, for which the accused Devendar and his family members had a suspicion over the informant party. A land dispute was also pending between the informant and accused Sarjeet's father Hari Singh. Due to aforesaid reasons, Hari Singh, Jasram, Sarjeet, Devendar called other miscreants on 20/3/2002 at their house and after hatching conspiracy committed murder of the son of the complainant. With the help of villagers, the complaint took his son to Government Hospital in injured condition where the doctors declared him dead.

(3.) On the basis of written report (Ex.Ka.-1), on 21/3/2002 at 9:05 hours, Chik First Information Report at Crime No.42 of 2002 under Ss. 148, 302, 120-B IPC was registered against accused-persons at P.S. Dankaur as Ex.Ka.-3.