ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Five accused persons were put on trial by the learned Additional Sessions Judge, Meerut in a bunch of three Sessions Trials bearing No. 124, 125 & 126, all of year 2003 and by Judgment dated 05.03.2005, two of them, namely, Om Pal and Jagdish Pal @ Munnu were acquitted of the charge under Section 302 Indian Penal Code read with Section 120B IPC. Out of the present set of three appeals Crl. Appeal No. 1499/2002, has been preferred by Ashok, Ravi Sharma and Pankaj @ Sonu, who were found guilty for committing offences under Sections 148 & 302/149 Indian Penal Code and each of them was directed to suffer rigorous imprisonment for one year and for life respectively for their conviction under the two above counts with further sentence of fine of L 5000/being imposed upon each of them for their conviction under Sections 302/149 IPC. The learned Trial Judge directed that in case of nonpayment of fine, each of the three appellants was to suffer additional term of rigorous imprisonment for a year. Two of the appellants Ashok and Ravi Sharma were also tried for charges under Section 25 of the Arms Act and they were individually held guilty of committing that offence and each of them was directed to suffer rigorous imprisonment for three years as also to pay fine of L 1000/, else to suffer rigorous imprisonment for a further period of six months. For their individual conviction under Section 25 Arms Act, appellants Ashok and Ravi Sharma preferred separate connected appeals bearing No. 1668/2005 and 1669/2005. For, the Judgment of conviction and order of sentence was passed by a common Judgment, we have heard the three appeals together and are disposing them of by this Judgment.

(2.) PW1 Smt. Suman Devi, who happened to be the wife of deceased Baljeet Singh, filed a written report at PS Mundali in the district of Meerut, stating therein that she along with her husband, deceased Baljeet Singh, her fatherinlaw Mahkar Singh (not examined), her daughter Kumari Baby (not examined) and the elder brother of her husband, namely, Udaivir Singh (PW2) were deweeding her sugarcane field from about 9 A.M,. on 03.07.2002. At about 10 A.M., the informant stated, they came to drink water at the tubewell and while they were drinking, the three appellants along with two unknown persons came there with arms and fired at her husband telling him that he had to be taught a lesson on account of having contested the elections. PW1 stated that they had fired multiple shots, as a result of which her husband Baljeet Singh breathed his last on the spot.

(3.) It was stated by PW1 in her written report that she raised hue and cry, which attracted Bhanwar Singh (not examined), and Indra Raj Singh (not examined) to the scene of occurrence, who also saw accused persons running away from the spot. It was stated further that while running away, the accused persons warned her that in case she lodged a report by informing the police and had further deposed against them, she shall also have to face the same consequences. PW1 stated that the murder of her husband had been committed only because of the animosity which arose on account of elections and under the conspiracy hatched out by acquitted accused persons Om Pal and Jagdish Pal @ Munnu. PW1 stated that she had come with a written report to lodge the case.