PRADEEP Vs. STATE OF U. P.

JUDGEMENT

(1.) This judgment will dispose of Criminal Appeal No.6987 of 2009 and the connected Criminal Appeal No.6988 of 2009, both arising from the judgment and order of Mr. Umesh Chandra, the then Additional Sessions Judge/ Fast Track Court No.1, Etah dtd. 27/10/2009, convicting the appellants, Pradeep and Akhilesh in Sessions Trial No.149 of 2007 of the offences punishable under Sec. 302 read with Sec. 34 IPC and the appellant, Akhilesh alone in Sessions Trial No.148 of 2007 of the offence under Sec. 25 of the Arms Act, 1959[for short, 'the Arms Act']. The appellants have been sentenced in the manner as hereinafter detailed. While the appellants, Pradeep and Akhilesh have been sentenced to life imprisonment for the offences punishable under Sec. 302 read with Sec. 34, Indian Penal Code, 1860,[for short, 'IPC'] the appellant, Akhilesh has been sentenced separately for the offence under Sec. 25 of the Arms Act to suffer three years rigorous imprisonment. The appellants have further been sentenced to a fine of Rs.5000.00 each for the offence under Sec. 302 read with Sec. 34 IPC and upon default, ordered to suffer six months' simple imprisonment additionally. A fine of Rs.1000.00 has been imposed upon the appellant, Akhilesh for the offence punishable under Sec. 25 of the Arms Act and upon default, he has been ordered to suffer a month's simple imprisonment additionally. So far as the appellant Akhilesh is concerned, there is a direction that both sentences shall run concurrently.

(2.) The facts giving rise to the Appeals are these: A First Information Report[for short, 'FIR' ] dtd. 18/11/2006 was lodged by Satya Prakash son of Buddhpal Singh, a resident of Village Diuna Kalan, falling within the local limits of Police Station Jaithra in the Sessions Division of Etah. The FIR was registered at 10 minutes past noon (12.10 p.m.) on 18/11/2006, regarding an incident that took place earlier in the day, at half past ten (10.30 a.m.), in the morning hours. The FIR was registered at Police Station Jaithra as Case Crime No.238 of 2006, under Ss. 302 and 504 IPC, Police Station Jaithra, District Etah.

(3.) According to the FIR, the informant was a native of Village Diuna Kalan, Police Station Jaithra. To the south of the village, the informant and Pradeep son of Jagdish, also a native of the same village, had a common tubewell (described in the FIR as a boring). It was said that on 18/11/2006, that is the day when the FIR was lodged, the informant, along with his son Harveer, had proceeded to the tubewell to irrigate his fields. They had reached the tubewell to start the engine when Pradeep and Akhilesh alighted there, and abusing the two, asked the informant and his son not to run the tubewell. This led to a dispute between them with two on each side, whereupon Pradeep and Akhilesh went back to the village and fetched a country-made pistol and a country-made rifle. The informant and his son, upon seeing the two approach carrying fire-arms, fled towards the village. Both the brothers gave the informant and his son a chase and at 10:30 in the morning, shot the informant's son in front of one Ram Prakash's house. The informant's son died on the spot. The first information further records that Rajendra Singh son of Khem Karan, Ajaypal son of Ramdeen and Ram Prakash son of Pokhpal Singh, besides other natives of the village, were present, who witnessed the occurrence. It was also reported that the dead body was lying at the site of occurrence. This written information was signed by the first informant and scribed by Ram Autar son of Gokul Singh, also a resident of Village Diuna Kalan.