RAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Four accused persons Raj Singh, Satish, Watan @ Bittu and Kulvir were put on trial by the Special/Additional Sessions Judge, Court No. 4, Saharanpur in Session Trial No. 557 of 2006 for committing offences under Sections 148, 395, 302, 302 /149, 307, 307/ 149, 412 IPC read with Section 7 Criminal Law Amendment Act. Simultaneously, the first three accused were also tried under Section 25 of the Arms Act in Session Trials No. 558 of 2006, 559 of 2006 and 560 of 2006 respectively. The learned Trial Judge vide judgment of conviction dated 19.5.2008, convicted the accused Raj Singh, Watan @ Bittu and Satish under Sections 148, 302, 307 /149 IPC and acquitted them under Sections 396, 412 IPC read with Section 7 Criminal Law Amendment Act and Section 25 of the Arms Act. Kulvir was acquitted of all the charged offences. On 19.5.2008, the convicts were heard on sentence and the learned Judge sentenced Raj Singh, Watan @ Bittu and Satish to rigorous imprisonment for life and 1 year under Sections 302 /149 and 148 IPC respectively along with Rs. 10,000/- as fine on the aforesaid two counts. They were further directed to undergo sentence for 10 years RI with Rs. 5000/- as fine under Section 307 /149 IPC. All sentences were directed to run concurrently and in the event of default in payment of fine, convicts were to undergo six months additional rigorous imprisonment. Raj Singh preferred Criminal Appeal No. 3474 of 2008 and Satish and Watan Singh @ Bittu have filed Criminal Appeal No. 3409 of 2008.

(2.) A written report (Ex. ka-1) dated 27.1.2006 alleged that while informant Ranbir Singh (PW-1) was getting petrol filled in his motor-cycle at the filling station of Vijendra Singh (PW-2) and Vipin Kumar at village-Nagal, PS Deoband, Saharanpur, the latter two persons came to PW-1 and Vijendra Singh (PW-2) informed PW-1 that he had received a phone call that BDC members of village Bachheti were with them and that they should talk to them on that day itself for which they were waiting at the tri-junction of road at Bachheti. Vijendra Singh (PW-2) requested the informant (PW-1) and one Tara Singh (not examined) to accompany them. All the above four persons boarded the Scorpio vehicle, driven by one Chandrahas (not examined). On reaching the appointed junction, no one was found and Vijendra Singh (PW-2) asked his companions to return. While returning towards Bilaspur, their vehicle was overtaken after about 100 yards, and then stopped by a Maruti car with a broken number plate. Vipin Kumar alighted from the front seat of Scorpio vehicle and Raj Singh, Satish and Watan @ Bittu, the appellants also alighted from their car along with two unidentified persons at about 10.30 a.m.. Raj Singh fired a shot at Vipin, exhorting that he must face the consequences for contesting elections against them. Thereafter, Satish and Watan @ Bittu also fired shots, as a result of which Vijendra Singh (PW-2) sustained injuries. After Vipin fell on the ground, Raj Singh, the appellant took away the licensed pistol of Vipin and fled away firing shots towards Jhabreda. In an effort to speed away from the scene, the Scorpio vehicle fell in the ditch. On the arrival of another vehicle, both the injured were taken to the hospital and enroute an information was given by PW-1 to the brother of Vijendra Singh, i.e., Mange Ram (not examined), of the entire incident, who was found present at the arrival of the informant with the deceased and injured at the gate of the Government Hospital, Saharanpur. The doctors declared Vipin as brought dead and admitted Vijendra (PW-2), the injured.

(3.) The motive for the incident was attributed to the fact that the wife of Mange Ram, the elder brother of Vipin Kumar (deceased), was a contestant for Block Pramukh, against the wife of Raj Singh, the appellant, in the forthcoming elections.