LAKHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) The first appeal (Criminal Appeal No. 5765 of 2011) has been preferred by the appellant-Lakhan @ Babblu against the judgment and order dtd. 19/8/2011, passed by learned Additional Sessions Judge (Special), Baghpat in Session Trail No. 306 of 2009 (State of UP vs. Lakhan @ Babblu and Others), arising out of Case Crime No.192 of 2009, under Sec. 302 Indian Penal Code (IPC), Police Station- Khekhara, District Baghpat whereby the appellant is convicted and sentenced for the offence under Sec. 302 IPC for life imprisonment with a fine of Rs.10,000.00 and in default of payment of fine, further imprisonment for two months.

(2.) The appeal (Government Appeal No. 6752 of 2011) has been preferred by the State of U.P. against the same judgment and order dtd. 19/8/2011, passed by learned Additional Sessions Judge (Special), Baghpat in Session Trail No. 306 of 2009 (State of UP vs. Lakhan @ Babblu and Others), arising out of Case Crime No.192 of 2009, Police Station- Khekhara, District Baghpat whereby the accused persons Jagat Singh, Ramesh and Suresh @ Lala were acquitted for the offence under Ss. 307, 504 I.P.C. and Sec. 7 of Criminal Law Amendment Act and in Session Trial No.365 of 2009 (State of U.P. Vs. Suresh @ Lala), arising out of Case Crime No.196 of 2009, Police Station Khekhara, District Baghpat whereby the accused-Suresh @ Lala was acquitted for the offence under Sec. 25 of Arms Act, 1959.

(3.) Brief facts of the case giving rise to this appeal are that a First Information Report was registered at Police Station Khekhara, District Baghpat, in which the complainant alleged that on 14/5/2009 at about 10:00 AM, the informant informed that Krishna Pal, his wife Rajesh, younger brother-Indrapal and his nephew-Praveen were uprooting the bricks of their old house. At that time, accused Lakhan @ Babblu, Jagat Singh, Suresh and Ramesh came there, holding the country made pistol in their hands and started abusing the person who were present. Jagat Singh, Suresh and Ramesh caught hold Rajneesh in their arms and Lakhan @ Babblu fired at Rajneesh from close range, rather putting the barrel of Tamancha on his left upper arm. Rajneesh fell on the ground and died.