SADAN BHADAURIYA Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dated 6.7.2013 passed by the Additional Sessions Judge, Court No.6, Etawah in Sessions Trial No.122 of 2011 (State Vs. Sadan Bhadauriya alias Jagat Pal Singh) arising out of case crime no.79 of 2011 under sections 307, 506 IPC, P.S. Kotwali, District Etawah whereby the appellant Sadan Bhadauriya alias Jagat Pal Singh was convicted under Section 307 I.P.C. and sentenced to undergo R.I. for seven years and a fine of Rs.5000/-. In case of default in payment of fine, he shall further undergo additional S.I. for a period of six months.

(2.) The prosecution story, briefly stated, was that the informant Saurabh Gupta gave a written report (Ex.Ka.-3Ka) on 30.1.2011 at Police Station Kotwali, Etawah stating therein that there is a property dispute going on between his father Shesh Kumar Gupta son of Jyoti Shanker Porwal resident of 47 Saidwada, Etawah and Uncle (Tau) Anand Kumar Porwal son of Late Jyoti Shanker Porwal and cousin brother Ankur Gupta alias Jony son of Late Sushil Kumar. In connection to the said property dispute, a litigation was pending in the Court and often panchayat was going on. They are the resident of mohalla Saidwada, Etawah. Sadan Bhadauriya alias Jagat Pal Singh and Bharat Singh Bhadauriya both sons of Late Shishupal Singh were the partners in their cold storage. On 29.1.2011, the informant and his father were returning home from friends colony on a splendor motorcycle bearing registration no.U.P.75-H-4604. They had gone to the house of their friend to give payment of Rs.3 lacs, but his friend did not meet, therefore they were returning to their home. At about 8:30 p.m., near the office of Basic Shiksha Parishad, Sadan Bhadauriya alias Jagat Pal Singh, Bharat Singh Bhadauriya and unknown persons intercepted the informant and his father and started hurling abuses to them. When his father resisted, all the three accused persons armed with knives attacked his father with intention to kill him, they also inflicted several injuries on the neck and stomach of his father by making deadly assault. Sadan Bhadauriya was repeatedly exhorting that he should not be spared. He also snatched the bag carrying Rs.3 lacs. All the three accused persons, assuming his father to be dead, chased the informant on which the informant left his motorcycle and ran away towards the bushes to save his life. The accused persons threw his father in the bushes at the roadside. The whole incident was witnessed by the informant in the light of the tractor coming from the other side. Again the accused persons started searching for the informant. Due to fear, the informant could not go to his house nor he went to the police station at that time. When he came to the police station, he became aware that somebody has given information to the police regarding the incident. Anand Kumar Porwal and Ankur Gupta alias Jony hatched conspiracy in connivance with the accused persons to kill his father. On earlier occasion also, they threatened his father to kill in his presence and in this context an application was given to the higher police officials regarding the threat.

(3.) On the basis of written report (Ex.Ka.-3Ka), chick F.I.R. Ex.Ka.-2 was registered on 30.1.2011 at 14:25 hours as case crime no.79 of 2011 under sections 394, 307, 506, 120-B IPC at P.S. Kotwali, Etawah. Entry was also made in the G.D., the carbon copy of which is Ex.Ka.-3. Investigation was carried on.