TRILOKI SINGH Vs. STATE

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 19.11.1982 passed by the then Sessions Judge, Pilibhit in Sessions Trial No. 38 of 1982 (State versus Triloki Singh) whereby accused-appellant was prosecuted under section 302 Indian Penal Code (in short, IPC) but convicted under section 307 IPC and sentenced to rigorous imprisonment for five years.

(2.) It is pertinent to point-out that accused was tried under section 302 IPC but learned Sessions Judge, Pilibhit thought it proper to convict the appellant under section 307 IPC and consequently, sentenced him to rigorous imprisonment for five years, but no State appeal has been preferred as pointed out by learned Additional Government Advocate. Therefore, this Court is confining itself to this criminal appeal filed only on behalf of convict/accused.

(3.) Prosecution story is that in the evening of 18.11.1981, deceased Kabul Singh and his wife complainant Gurdeep Kaur (PW-1) were busy in production of jaggery (Gur) at the 'Jhala' of Nanak Singh. Nanak Singh's sons, namely, Autar Singh (PW-2) and Ujagar Singh (PW-3) were also present at their 'Jhala'. They were extracting juice from the sugarcane and sugarcane juice was being boiled in cauldron (Karaha) for production of jaggery. Suddenly the appellant Triloki Singh @ Mahaveer Singh arrived there. He was abusing, threatening and brandishing his licensed revolver. Accused Kabul Singh, who was sitting on the floor, stood up. Appellant shot him from the close range. Deceased received gun shot injuries on his stomach and fell-down and appellant managed to flee from spot.