LAWS(ALL)-2023-1-220

VEERPAL Vs. STATE OF U. P.

Decided On January 31, 2023
VEERPAL Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) These appeals are by the accused appellants- Veerpal and Bhadrapal, who have been convicted vide judgment and order dtd. 2/6/2015 passed by Additional Sessions Judge, Chandausi, (Moradabad) in Session Trial Nos. 629 of 2010 and 630 of 2010, arising out of Case Crime Nos. 743 of 2009 and 22 of 2010, under Ss. 302/34 I.P.C. and Sec. 25 of Arms Act, Police Station Bahjoi, District Moradabad and sentenced to life imprisonment each under Sec. 302 I.P.C. along with fine of Rs.25,000.00, in default thereof, to further undergo two months additional imprisonment each.

(2.) The prosecution case is based upon a written report of the informant Vijaypal (P.W.-2) son of Nawab Singh, who claims to be a resident of Village Lehra Nagla Shyam, Police Station Gunnaur, District Budaun. It is alleged that the informant has enmity with one Veerpal S/o Sipattar Singh Yadav (accused appellant). The brother of accused Veerpal namely, Munipal had eloped with Sunita daughter of one Ganga Sahay Sharma. The informant's brother Mahipal (deceased) was a witness in the F.I.R. lodged under Sec. 366 I.P.C. against Munipal for enticing Sunita. On account of this enmity firing had taken place between the accused and the informant sometime back. On 16/11/2009 the informant's brother Mahipal alongwith the informant Vijaypal and one Rukam Singh S/o of Nawab Singh Yadav left on a motorcycle for offering prayers and served water (Jal) at Sadat Wadi Mandir and for purchasing fertilizer thereafter. While on their way at about 02:30 p.m. a kilometer before the Sadat Wadi Temple, the accused namely Veerpal, Munipal sons of Sipattar Singh and Bhadrapal son of Latoori Singh stopped them and the three accused dragged the informant's brother Mahipal aside and indiscriminately fired on him. Mahipal sustained fire arm injuries on his head and chest. Mahipal died on the spot and the dead body was lying there.

(3.) The contents of the above referred written report were entered in the G.D. and a first information report came to be lodged in the matter and got registered as Case Crime No. 743 of 2009 under Sec. 302 I.P.C. against accused appellant Veer Pal, Munipal and Bhadrapal. The accused Munipal has been declared a juvenile. The two other accused namely, Veerpal and Bhadrapal have been convicted and sentenced under Sec. 302 I.P.C. and are before this Court in the present appeals.