ANOOP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Mr. D.P. Singh, learned counsel for the appellant and Mr. Sharad Dixit, learned A.G.A. were heard and lower court record was also perused.

(2.) Under challenge in this appeal is the judgment and order dated 13.5.2004 passed by learned Additional Sessions Judge, Court No. 1, Sitapur in Sessions Trial No. 451 of 1998 arising out of Case Crime No. 20 of 1998, Police Station Imiliya, District Sultanpur whereby present appellant Anoop Singh was convicted under Section 302/34 I.P.C. and was sentenced with imprisonment for life. The other accused person Ajay Singh, who was assigned the main role of firing and causing the death of deceased, has already expired during the pendency of the trial, hence the case was abated against him.

(3.) In brief the case of the prosecution was that complainant Nekpal lodged an F.I.R. at the police station Imaliya Sultanpur, District Sitapur alleging therein that he had taken active part in the election of present Village Pradhan Vishnu Pal Singh and Narendra Pal Singh was the rival candidate. Because of his opposition, he was defeated, so he was having enmity with the complainant. On 5.3.1998, complainant and his brother Amar Pal alias Amru along with Rangai, Raj Kumar and Ram Kishore were coming back to their village after fishing from the pond of the village. They were coming by the Kachcha Road and another pond by the side of said Kachcha road was also there and these persons were throwing the fishing net in the said pond. Amru was standing by the side of the pond. At about 2:00 p.m., appellant Anoop Singh along with Ajay Singh (since dead) came there and abused the deceased. When the deceased asked them to stop abuses then Anoop Singh pushed the deceased towards pond due to which he fell down by the side of the pond. Anoop Singh exhorted. Thereafter Ajay Singh fired with his country-made pistol. When the complainant and his brother went to rescue his brother, by that time, the accused persons ran away towards west of the village. On the basis of this F.I.R., the case was registered and investigation proceeded. After concluding the inquest proceedings, the dead body was sent for postmortem, which was conducted on 6.3.1998 at 3:30 p.m. In the postmortem four firearm wound of entries were found on the body of the deceased and two firearm wound of exit were also reported by the doctor. Apart from it, one lacerated wound was also reported on the right shoulder area."