JAGMER Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been preferred by the accused appellant Jagmer against the judgment and order dated 17.2.1982 passed by the learned 5th Addl. Sessions Judge, Muzaffarnagar in Sessions Trial No.394 of 1980 (State vs. Girwar (dead) & another), convicting the accused-appellant Jagmer under Section 302 IPC and has been sentenced to imprisonment for life.

(2.) The prosecution case in nutshell, as mentioned in the report lodged by Veer Sen, was that on 2.8.1980 he had come to the "Pukar Office" of the Truck Union and Mahak Singh and Shri Pal were also with him. At about 7:30 PM when Kanwar Pal, his brother, was sitting in the office (Pukar Office) on duty and was chatting with Surendra Singh (PW 2), inside the office, after finishing the last call, that very time Girwar (dead) alongwith his companion (Jagmer) came and both fired at Kunwar Pal, who died and a report was lodged at once at PS Shamli at 8:10 PM. S.I. D.S.Sirohi proceeded on the spot, prepared panchayatnama and the dead-body was sent for post mortem. Both the accused surrendered in the Court. Accused Jagmer was identified by the witnesses and hence charge sheet was submitted on 30.9.1980.

(3.) In support of the prosecution case, the prosecution examined Veer Sen (PW 1), Surendra Singh (PW2), Shri Pal (PW3) as witnesses of fact alongwith CP/278 Shiam Singh (PW 4), HC/90 Ram Bhagwan (PW 5), S.I. Dharmendra Singh Sirohi, I.O. (PW 6) Sri Bihari Lal, Special Executive Magistrate (PW 7), Dr. D.P.Arora, Medical Officer, Government Hospital, Muzaffarnagar (PW 8), who conducted the post mortem of the deceased, C/118 Satveer Singh (PW 9), C/63 Rishi Pal (PW 10) and H.C./190 Madan Pal as PW 11.