PREM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Kuldeep Singh Yadav, learned counsel for the appellant and the learned A.G.A.

(2.) This criminal appeal is preferred against the judgment/ order dated 17.7.2010 passed by the Addl. Sessions Judge, (Court no.8), Etawah in S.T. no. 185 of 2007 (Case Crime no. 49 of 2006, P.S. Jaswantnagar, Etawah), convicting and sentencing the appellant under Section 307 IPC, to 10 years R.I, with fine of Rs.10,000/- and under Section 504 IPC to 2 years R.I, with fine of Rs.1,000/- and a default sentence of 1 year.

(3.) On 22.3.2006 at about 21:00 hours, a Tilak (marriage ceremony) of the son of one Kayam Singh was taking place at a village, which was being attended by the informant PW-1/ Raksha Pal, his son Chhatra Pal Singh (PW-2) and Ved Pal Singh (not examined). At around 9:00 PM, a co-villager, namely Prem Pal Singh, the appellant and Lok Pal Singh, both s/o Siyaram, armed with countrymade pistol arrived at the scene and upon witnessing the presence of the informant started hurling abuses at him, which was resisted by PW-1 and his sons including PW-2, wherein co-accused Lok Pal Singh exhorted the appellant that as PW-1 is trying to show off in view of electoral victory in the panchayat elections, they be eliminated, on which appellant with a view to kill PW-2 fired a shot at him causing serious injury to his son, who fell down and persons standing next to his son, i.e, Subhash Chandra (PW-3) Ram Bharose (not examined) also sustained pellet injuries. The crowd present at the scene exhorted each other to catch hold the accused persons, whereby accused persons resorted to indiscriminate firing causing grievous injuries to Mukesh (PW-4) of another village. The informant took his injured sons to the P.S. concerned, who in the custody of a constable was referred to the Government Hospital Etawah, who was examined by PW-7, the doctor on 22.3.2007 at 10:30 P.M, (Exbt Ka-4), whereupon seeing the critical condition of his son PW-2, and PW-3, they were taken to the Hospital at Agra. After the injured were discharged from the Hospital at Agra, the informant lodged the above FIR on 27.3.2006 at P.S. Jaswant Nagar as Case Crime no. 49 of 2006 under Sections 307/504, 506 IPC, as against the appellant and Lok Pal Singh. After investigation, a charge sheet was submitted against the appellant under Section 307/504 IPC, case committed, and charges framed.