HARI ALIAS SATYAPAL Vs. STATE OF U P

JUDGEMENT

(1.) HARI alias Satya Pal, son of Qabool Singh, aged about 26 years, resident of village Baruki, Police Station Bhopa, district Muzaffarnagar has filed this appeal against his conviction under Section 302 of the Indian Penal Code by Sri Hukam Singh on 17-2-1981 in Sessions Trial No. 288 of 1979 ; appellant was sentenced to imprisonment for life.

(2.) PROSECUTION story briefly stated is that on 6-6-1979, deceased Phool Singh, a co-villager of appellant, aged about 25 years returned to his village at about 6.00 P. M. or so. He alighted from the bus along with Vikram (PW 1), Vedu (PW 2), Parmanand and Peeru at the bus stop of their village as all of them had gone to Muzaffarnagar City for shopping on that day appellant accosted Phool Singh victim on the way running north-south towards east of primary school; when deceased enquired about the matter, appellant whipped out a country made pistol and fired a shot from close range hitting the victim on his abdomen ; victim fell down; appellant ran towards south-east and could not be over-taken by witnesses aforesaid despite a hot chase; while he was being carried in an injured state on horse-cart of Brahm Singh (PW 12), deceased was again attacked by appellant on the way in presence of Mohar Singh (PW 13) and Kallu etc.; however, the shot missed its aim and appellant escaped on the arrival of village Pradban and Yash Pal etc.

(3.) DOCTOR opined that the aforesaid injury could have been sustained by him at about 8.00 P. M. on that evening.