SATYAPAL Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 8-2-1979 passed by III Additional Sessions Judge, Bulandshahr convicting the appellants under S. 302 read with 34, I. P. C. and S. 324 read with 34, I. P. C. and sentencing them to life imprisonment on the first count and two years rigorous imprisonment on the second count.

(2.) It appears that these appellants, along with with one Ranvir Singh, were tried in Sessions Trial No. 146 of 1978. Accused Satyapal was charged under S.148, I. P. C., S. 302 read with 149, I. P. C. and S. 307 read with 149, I. P. C. and the accused Ajab Singh and Ranvir Singh were charged under S. 148, I. P. C., S. 302 read with 149, I. P. C. and S. 307 read with 149, I. P. C. In another Sessions Trial No. 54 of 1978 arising out of the same incident, two other accused, namely Ompal and Subhash were tried for offences under Ss. 147, 148, 302 read with S. 149, I. P. C. and S. 307 read with S. 149, I. P. C. Both these sessions trials were consolidated and a common judgment has neon delivered by the learned IInd Additional Sessions Judge. Out of these five accused, accused Ranvir Singh, Ompal and Subhash have been acquitted of the offences with which they have been charged. Only the present appellants have been convicted as noted above.

(3.) The prosecution case was that the appellant Satyapal was running a milk dairy near the bus stand in village Sathla for some time and one Brijendra (P.W. 2) also opened a milk dairy in his own village. This caused enmity between Satyapal and Brijendra. On 21-10-1977 at about 3 p.m. informant Amarpal (P.W. 1), along with Kushalpal and Bijendra and 2-3 other companions, was standing at the Bus Stand waiting for a bus. Accused Satyapal with a gun, Ajab Singh and three other persons who had lathis and kattas, also came there. They attacked the informant Amarpal Singh and his companions with lathis and katta. Satyapal fired from his gun and the other from their kattas, as a result of which he and Kushalpal received gun shot injuries. The informant, Amarpal Singh, ran towards the grove and Kushalpal jumped into a pond. Satyapal again fired at Kushalpal, whereafter Kushalpal came out of the pond and ran on the road. Satyapal and his companions followed him and again fired at him, as a result of which Kushalpal died at the spot. In the mean while, police personnel, who were on duty in connection with Ram Lila, came at the spot. On seeing them Satyapal and his companions escaped. The informant was lifted by the police from there while Kushalpal's dead body was left behind. A first information report was got scribed by informant Amarpal (P.W. 1) from one Jang Bahadur. This report was lodged at the police station at 4 p.m. on 21-10-1977.