PREETAM SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred by Pritam Singh and Bharat Singh against the judgment of the Sessions Judge, Etawah, convicting them by the judgment and order dated 29-1-1977 in S.T. No.A-244 of 1976, State v. Pritam Singh and others. The Appellant Pritam Singh has been convicted under S.148. I.P.C. and S.302, I.P.C. He has been sentenced to R.I. for two years under S.148, I.P.C. and imprisonment for life under S.302, I.P.C. Bharat Singh appellant has been convicted under S.147, I.P.C. and is sentenced to one year's R.I. The sentences of Pritam Singh were directed to run concurrently.

(2.) In brief, the prosecution case was, that Ratan deceased was in fact at the liquor shop in Mohalla Garhipura, Etawah. Along with Ratan, there were a number of persons employed at the said shop including Hira Lal (P.W. 1), Radhey Shyam (P.W. 2) and Mazboot Singh (P.W. 3).

(3.) It was alleged that on 4th May, 1976, at about 10 p.m., Pritam Singh went to the liquor shop to purchase liquor but he was informed that it was time to close the shop and no liquor could be sold at that time. The other accused behind him were Bharat Singh, Sukhai, Gyan Singh, Ramesh Babu and Ramu. On being refused liquor, those persons behind Pritam remarked that in case they wanted the shop to continue in the locality aforesaid, the liquor had to be supplied to them. These persons had entered the shop from its northern door. Hira Lal (P.W. 1) and Mazboot Singh (P.W. 3) closed the said door. Thereafter, Pritam Singh proceeded to the eastern door. The servants working at the shop wanted to close it also. By the time, the eastern door could be closed, the accused arrived there. Ratan was in front of all these servants. Pritam Singh then took out the country made pistol and fired at Ratan from a distance of two cubic feet. Ratan fell down and the accused ran away.