KRISHNA VEER Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Durgesh Kumar Singh and Sri Anshu Chaudhary for the appellant and Sri A.N. Mulla / Sri G.P. Singh / Sri Shri Narain Mishra, learned A.G.A's for the State.

(2.) This appeal has been preferred against the judgment and order dtd. 17/12/2019 passed by the Special Judge (S.C./S.T.) Act, Mathura in Sessions Trial No.239/2003 (State vs. Krishna Veer and Others), arising out of Case Crime No.130/2001, under Sec. 302 I.P.C. and 3(2)(v) of the S.C./S.T. Act, Police Station-Baldev, District Mathura, convicting and sentencing the accused-appellant under Sec. 302 IPC for life imprisonment and fine of Rs.30,000.00, in default of payment of fine, they have to further undergo imprisonment of one year and under Sec. 3(2)(v) of S.C./S.T. Act, rigorous life imprisonment and fine of Rs.30,000.00, in default of payment of fine, they have to further undergo imprisonment of one year, both the sentences will run concurrently.

(3.) The prosecution case as per the First Information Report lodged by Ram Khilari (P.W.-1) is that applicant is resident of Laxmi Nagar, Police Station Jamunapar, District Mathura. On 5/6/2001, applicant had come to his brother's village - Darghata, Police Station Baldeo, District Mathura who lives in his in-law's house. On 5/6/2001, applicant's brother and sisterin-law Smt. Sukhdevi were sitting on the platform outside the house after taking food. One Krishna Veer @ Pinkoo son of Maharaj Singh Jaat, resident of village Darghata, Police Station Baldeo, District Mathura came to the house of Vimla Devi, wife of late Devjeet who is neighbour of applicant's brother Mohan Lal, at about 9.30 P.M., with a bad intention, then Vimla Devi raised a noise, the applicant's brother Mohan Lal saw Krishna Veer is coming out from her house, he interrupted him then Krishna Veer told to applicant's brother "sale dhar", you sit silent otherwise I will kill you. There was exchange of talk between them then Maharaj Singh, son of Deep Chandra Jatt who is father of Krishna Veer came running with country-made pistol in his hand and started abusing him and commented on his caste then applicant's brother told that why you are abusing me, in between Maharaj Singh fired shot upon applicant's brother Mohan Lal from country-made pistol which passed from his side then Maharaj Singh told his son Krishna Veer @ Pinkoo to fire shot upon him then Krishna Veer took out his country-made pistol from his side and fired shot upon applicant's brother which hit his chest and Mohan Lal died on spot. Bengali son of Katila and Atar Singh son of Shiv Lal witnessed the incident. Dead body of applicant's brother is lying on the spot. Legal action be taken by writing a report.