NARSINGH PAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned A.G.A. for the State and perused the lower court record.

(2.) Under challenge in the instant appeal is the judgment and order dated 18.4.2009 passed by learned Additional Sessions Judge/F.T.C.-2 District Harthras in Sessions Trial No. 625 of 2005, arising out of Case Crime No. 248 of 2005, Police Station Sikandara Rau, district Hathras whereby appellant Narsingh Pal was convicted for the offence under Section 302 I.P.C. and was sentenced with imprisonment for life and also with fine of Rs. 5,000/- with default stipulation of one year additional imprisonment.

(3.) Brief facts, necessary for disposal of the instant appeal, are that on 24.6.2005 in the night 00:30 a.m. complainant Pradeep Kumar, who happens to be son of deceased Prem Pal Singh, lodged an F.I.R. at Police Station Sikandara Rau, District Mahamaya Nagar alleging therein that on 23.6.2005 his father Prem Pal Singh had gone to attend the invitation of marriage in the village at the house of Rajendra Singh. At about 11:30 p.m., he came back after attending the said function and the moment he sat on the cot lying in front of his house, appellant Narsingh Pal and two unknown persons came to him and immediately opened fire on his father. Hearing the noise of fire and cries of his father, complainant, and Rajesh Kumar and Makkhan Singh of the village and some other persons of his family rushed towards the place of incident then the miscreants crossed the road and ran towards southern side in the fields. The complainant and other persons recognized appellant Narsingh Pal in the torch light. It was alleged that his father has been murdered because of internal political rivalry. The complainant was coming to police station along with his injured father but before reaching the police station, his father succumbed to the injuries. After leaving the dead body, in front of the police station, F.I.R. of this case was lodged by the complainant. The distance of police station from the place of occurrence was, as per chik report, nine kilometers.