SHISUPAL Vs. STATE OF U P

JUDGEMENT

(1.) Shisupal and Om Prakash have filed an appeal against the judgment and order of Sri. O.P. Saxena, the then Session, Judge, Bulandshahr, convicting and sentencing each of them under Section 302 read with Section 34, I.P.C. to imprisonment for life. The two appellants are brothers.

(2.) The prosecution case is that at about noon on 23.9.1976, the appellants had ploughed the Mend of the field of Pratap Singh situated in village Ram Bas, P.S. Shikarpur, district Bulandshahr. Pratap Singh, father of Moti Singh, had objected to this act of the appellants. An exchange of hot words had taken place between Pratap Singh and the appellants. At about 6.00 p.m. on the same day, Pratap Singh was going from his Gher to his Bara in the aforesaid village when Shisupal armed with a licensed gun and Om Prakash armed with a knife, surrounded Pratap Singh. Shisupal said to Pratap Singh that he was finishing him. He opined fire from his gun which caused injuries to Pratap Singh. am Prakash inflicted knife injuries on Pratap Singh who was lying on the ground Hearing the exchange of abuses, Balbir, Ramvir, Netrapal, Moti Singh and others had arrived at the spot and saw the occurrence. Pratap Singh died on the spot. After the occurrence, the appellants ran away.

(3.) After the occurrence, Moti Singh son of the deceased dictated report to Ramvir Singh at the spot and took this report to police station Shikarpur, District Bulandshahr. He lodged this report in the police station at 8.30. p.m. same day.