LAWS(ALL)-2015-2-52

RAGHUVIR SINGH Vs. STATE OF U P

Decided On February 13, 2015
RAGHUVIR SINGH Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard Sri Rajul Bhargava and Sri S.P.S. Chauhan, learned counsel appearing on behalf of the accused-appellant and Sri Akhilesh Singh and Sri Rajiv Gupta, learned A.G.A. for the State.

(2.) The present appeal has been filed by the appellant Raghuvir Singh being aggrieved against the judgment and order dated 13.08.2014 passed by Sri Harkesh Kumar, the then learned Additional District & Sessions Judge, Court No. 12, Ghaziabad in Session Trial No. 992-A/2005 arising out of case crime no. 127 of 2004 convicting and sentencing the appellant Raghuvir Singh under Section 302/34 IPC and to undergo death sentence and a fine of Rs. 20,000/- and in default of payment of fine the accused-appellant shall undergo to six months additional imprisonment.

(3.) The case of the prosecution as revealed in the FIR is to the effect that an FIR was lodged at police station Dhaulana, sub-district Hapur, District Ghaziabad by one Ompal Singh son of Sri Bani Singh resident of Sukhdevpur, police station Daulana, District-Ghaziabad with regard to an alleged incident which is said to have taken place on 28.08.2004 at about 10:30 pm in the night and incident which allegedly culminated in the diabolical murder of the son of the first informant, namely, Raj Kumar. The first information report was lodged on 29.08.2004 at about 1:00 pm; that a perusal of the FIR lodged by Ompal, the father of the deceased Raj Kumar inter-alia alleges that the first informant is the resident of village Sukhdevpur, police station Daulana, District Ghaziabad; that in the year 1991, the accused-appellant Raghuvir had murdered Sita Ram who was the brother of the first informant and with regard to which a case is pending on account of which there is enmity with Raghuvir; that late night his son Raj Kumar who works as a driver at a transport company was coming home afoot after alighting from the bus at Samana Bus Stand; that at about 10:30 pm in the night Raghuvir along with two companions assaulted Raj Kumar at the tubewell of one Satpal; that he was attacked with the knife on account of which Raj Kumar shouted for help; that after hearing the cries of Raj Kumar, the first informant along with his brothers Mahesh, Devendra Singh, son Kuldeep @ Kalva and Sri Pal Singh and a number of other villagers reached to the spot and in the moonlit night and also in the light of torch saw Raghuvir and his companions cutting the neck of the deceased Raj Kumar near the water tank of the tubewell by a sharp edge weapon; that the first informant along with his companions tried to move forward but were were threatened by Raghuvir that they will also meet the same fate; that thereafter the accused-appellant Raghuvir ran away; that Raghuvir is a terror in the village; that they could not approach the police station in the night as they were afraid and when the relatives arrived then the first informant went to the police station for lodging the FIR.