JUBLI Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the convicted accused Jubli and Mihilal @ Bhagatji against the impugned judgment and order dtd. 3/2/1984 passed by Sri. B.D. Maurya, Additional Sessions Judge, Budaun in Sessions Trial No.37 of 1982 (State vs. Jubli and 7 others), arising out of Case Crime No.129 of 1981, Police Station Rajpura, District Budaun, whereby the appellants have been convicted under Sec. 302 I.P.C. and sentenced to undergo life imprisonment.

(2.) Factual matrix is that on 28/8/1981, first informant Dhan Singh (PW-1 at the trial) along with his son Shahzadey, his brother's son Kishanlal(PW-3 at the trial), villagers Sheodan, Gendan Lal (PW-5 at the trial), and first informant's brother Fateh Singh, were returning from animal market Babrala and when they reached in between village Pahalwada and Ji Nagla, then at about 5:00 PM, they met accused Jubli, Nawab, Mihilal @ Bhagatji, Ganga Sahai, Ompal, Surja, Palia and Gappoo, who after exchanging greetings, surrounded the first informant and the other persons accompanying him. After saying, that Fateh Singh was doing intense pairvi against Ram Singh in a case, jointly accused Jubli and Mihilal with intention to kill, pulled out 'tamancha' and fired two shots on first informant's brother Fateh Singh, and when the first informant and the persons accompanying him, tried to save Fateh Singh, then the accused persons fired two more rounds and then accused Nawab, Ompal, Ganga Sahai, Palia, Gappoo and Surja also threatened them, by saying, that the fate of Fateh Singh has been decided and their fate would too, be decided. Thereafter, the first informant and other persons accompanying him, brought injured Fateh Singh on a cot to Police Station Rajpura for registering the first information report, where Dhan Singh (PW-1) gave an application (Ex.Ka-1 at the trial) scribed by Shafaat Ali.

(3.) On the basis of application Ex.Ka-1 given by Dhan Singh PW-1 at police station Rajpura, first information report regarding the incident was registered on 28/8/1981 at 21:35 PM being Case Crime No.129 of 1981, under Ss. 147, 149, 307 I.P.C. against accused-appellants Jubli, Mihilal and their six accomplices and a corresponding entry was made in G.D. at serial No.20 at 21:35 hours on 28/8/1981. at P.S. Rajpura.