PHOOL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Apul Mishra learned Advocate on behalf of appellants Phool Singh, Hari @ Harish Chandra and Charan, Sri Vinod Kumar learned Advocate on behalf of appellant Kallu and Sri Roopak Chaubey learned A.G.A for the State.

(2.) These three connected appeals are directed against the judgment and order dtd. 30/9/2003 passed by the Sessions Judge, Mahoba in Sessions Trial no.55 of 1998 arising out of Case Crime no.219 of 1997 P.S-Kulpahad District-Mahoba whereby five appellants namely Kallu, Phool Singh, Hari @ Harish Chandra, Charan and Jogendra have been convicted for the offence under Sec. 302/149 I.P.C and sentence for life imprisonment; under Sec. 324/149 I.P.C they were sentenced for rigorous imprisonment for three years as also for the offence under Sec. 148 I.P.C. punishment for which is two years rigorous imprisonment. All the punishment are to run concurrently. These three connected appeals are filed by five accused persons, amongst them one appellant Jogendra had died and the appeal on his behalf has been abated.

(3.) The prosecution story unfolds with a first information report lodged on 19/11/1997 at about 17.00 hours which was on a written report given by Ratan Singh s/o Karore Yadav resident of Kulpahad, Mahoba. As per the written report, the brother of the first informant namely Jai Singh while going to his fields at about 3.00 p.m on 19/11/1997 was attacked by Kallu and Phool Singh by their 12 bore gun and rifle. At that point of time, the victim was near the house of Tikka Ram and was heading towards "Arjun Bandh" from his house. The fires opened by Kallu and Phool Singh hit at the hands of Jai Singh and he ran towards his house. At that time appellants Jogendra, Hari and Charan came out of the house of the Kallu carrying 12 bore guns and started firing at the victim Jai Singh. These persons also fired at the back of the victim Jai Singh. As per the version of the first informant in the written report, the fires opened by the appellants hit the head, back, chest, hands and face of the victim who fell down at the door of his house and died. In the course of firing, one child Sunil s/o Kallu Teli aged about four years had also sustained pellet injuries in his Torso. The motive of committing the crime had been assigned to appellant Charan and Jogendra who were accused in criminal case wherein the deceased was a witness. It was stated that the appellants were having ill will against the deceased on account of his evidence. The incident was witnessed by the younger brother of the deceased namely Todan and one person named Bhaiyan s/o Amar Singh Yadav resident Ragauli P.S-Srinagar and Mohan Singh s/o Balkhandi Sela.