LAWS(ALL)-1992-7-31

JAGBIR Vs. STATE OF D P

Decided On July 08, 1992
JAGBIR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of Fifth Additional District and Sessions Judge, Saharanpur, convicting and sentencing Jagvir to undergo imprisonment for life for the offence punishable under section 302, I.P.C.

(2.) The prosecution case was that Azad aged eleven years, minor son of Rafal Singh, took the cow buffaloes of his family for grazing towards the river side of his village Babupur Nagali, Police station Deoband, district Saharanpur. This Azad had taken the cattle and. the calves to the river for drinking water. When the boy did not return for a long time, Rafal Singh found that his son Azad was near the grave of Peer Babu in the grave yard and the cattle were grazing nearby. He found that from behind Shobha and his son Jagvir were following him. Coming near Rafal Singh, Shobha abused him saying that he has got him at the appropriate place and the two attacked him. Shobha gave a lathi blow. Rafal Singh and his son raised an alarm. On their alarm, Sadhu Singh, Isam Singh, Mister Singh and Sukkhad came running towards Rafal Singh. Azad said that he was going call his uncle. Shobha Singh exhorted his son to open fire towards Azad. Jagvir fired his Country- made pistol towards Azad which hit him in the back. Azad fell down. On the challenge of the witnesses, the assailants ran away and they could not be apprehended.

(3.) After the occurrence, Rafal, Singh took his son on a buggie to Deoband Hospital, but Azad died on the way. Thereafter, Rafal Singh lodged a report at Police-station Deoband at 4.30 p.m.; same day.