HAMID PAHALWAN Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. Both these appeals are lodged against judgment and order dated 4-8-1997 passed by Sri C. P. Singh Sisodia, the then X Additional Sessions Judge, Meerut in S. T. No. 1008 of 1994. The appellants in Criminal Appeal No. 1408 of 1997 are Hamid Pahalwan and Sardar Singh whereas Jitendra alias Chakwa, Pappu, Ajit, Hardam and Raj Kumar are the appellants in Criminal Appeal No. 1472 of 1997. These are the expedited appeals under the orders of Hon'ble the Chief Justice dated 19-4-2002. The appellants Hamid Pahalwan and Sardar Singh have been convicted under Section 120-B I. P. C. read with Section 302 I. P. C. and sentenced to life imprisonment with a fine of Rs. 5,000/ -. In default of payment of fine, each has to undergo two years' rigorous imprisonment. The remaining five appellants have been convicted under Section 302 I. P. C. read with Section 149 I. P. C. with a sentence of life imprisonment and fine of Rs. 5,000/ -. Each has to undergo further rigorous imprisonment for two years in default of payment of fine. Each of them has further been convicted under Section 148 I. P. C. and sentenced to one year's rigorous imprisonment. The substantive sentences of imprisonment have to run concurrently.

(2.) THE criminal conspiracy for the commission of this crime allegedly took place on 15-4-1994 at about 10-11 a. m. in Village Shahkuli, Police Station Bhawanpur, District Meerut and the actual occurrence took place in the same village on 16-4-1994 at about 2. 30 p. m. in front of the house of Mangala. THE F. I. R. was lodged the same day at 4. 15 p. m. by Yashveer Singh PW 1 (not an eye-witness ). Hamid Pahalwan and Sardar Singh were not present at the time of the commission of the crime, whereas remaining five were actual assailants. Jitendra alias Chakwa was allegedly armed with rifle. Pappu, Ajit, Hardam and Raj Kumar had country-made pistols. THE deceased was Dharma Pal Singh, father of Yashveer Singh PW 1. THEre was said to be direct enmity of the complainant and his family with the accused-appellants Jitendra alias Chakwa, Pappu and Ajit. On the fateful day and time Dharma Pal Singh was going from the house of Hardam son of Bhoop Singh to his own house. When he reached in front of the house of Mangala, the appellants Jitendra alias Chakwa, Pappu, Ajit, Hardam son of Charan Singh and Raj Kumar, who were laying in wait, emerged all of a sudden with the weapons as detailed earlier and surrounded Dharma Pal Singh. THEy opened volley of shots on Dharma Pal Singh who died instantaneously. THE incident was witnessed by Sri Chand PW 2, Mohkam Singh PW 3, Maluk and Baran Singh on whose alarm a number of other villagers rushed up and collected at the spot. THE appellants made their escape with their weapons, firing and offering threats. THE murder was said to have been committed in conspiracy of Hamid Pahalwan and Sardar Singh. THE lodging of the F. I. R. resulted in registering the case and the investigation followed which was taken up by S. I. Mahaveer Singh PW 7 and concluded by Rajendra Prasad Yadav PW 8.

(3.) THE prosecution examined 8 witnesses. Out of them, Yashveer Singh PW 1 was the informant though not eye-witness. Sri Chand PW 2 and Mohkam Singh PW 3 were examined as eye-witnesses. THE rest was the evidence relating to post mortem, investigation and of other formal nature.