SURAT SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been filed against a judgment and order of the Second Additional District & Sessions Judge dtd. 29/5/1999 by which the accused was convicted for the offence under Sec. 302/34 and 307/34 of the Indian Penal Code and was punished for life under Sec. 302/34 IPC and was to undergo for rigourous imprisonment for a period of 7 years for the offence under Sec. 307/34 IPC.

(2.) The prosecution case as per the First Information Report lodged by one Sohan Singh was that when Sohan Lal and the deceased Jaswinder Singh had gone to get puncture of the tyre of the trolly repaired on a Gypsy No.DNC 4414 and were getting the puncture repaired then at about 9.30 PM, the accused Surat Singh had exhorted three persons to fire on the deceased Jaswinder Singh. The three persons had fired on Jaswinder Singh with an intention to kill him and thereafter Jaswinder Singh died. It is also the case of the prosecution that a few bullets also hit the first informant. The first informant has stated in the First Information Report that there were electricity bulbs at the place where the incident had occurred. He has also stated that the incident was witnessed by the first informant and a few of the neighbouring shopkeepers. After the incident had occurred, a First Information Report was lodged by Sohan Lal on 18/3/1996 at 3.00 PM.

(3.) Thereafter investigation followed and the police submitted its charge-sheet in the Court and the IInd Additional District & Sessions Judge, Bijnor on 20/8/1996 framed charges against the appellant. When the appellant was convicted for the offence under Sec. 302/34 and 307/34 of the Indian Penal Code, the instant appeal has been filed.