NETRA PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Vikash Rana, learned counsel for the appellant -Netra Pal, Sri Rajesh Kumar Verma, learned counsel for the accused respondents, namely Lachhman, Nekpal and Dhanpal and Sri Rajeev Gupta, learned Standing Counsel for the State.

(2.) Both these appeals arise out of the same incident. Criminal Appeal No. 257 of 1984 is filed by Netra Pal son of Luchhman who was convicted under Section 307 read with Section 34 Indian Penal Code ( in short 'IPC') to undergo four years rigorous imprisonment. In the Government Appeal three accused respondents, namely, Lachhman, Nekpal and Dhanpal were acquitted and, therefore the State of U.P. Has filed Government Appeal No.1303 of 1984 (Under Section 378 Cr.P.C.)

(3.) The case of the prosecution was that Luchhman and his three sons namely, Nekpal, Netrapal and Dhanpal and one Chandra Pal are neighbours. Chandra Pal used to supply milk to Luchhman who is one of the accused. On 12.3.1981 at about 4 p.m. Accused Lachhman went to the residence of Chandra Pal and complained that milk supplied by him was not very pure. On this Chandra pal went on saying that the milk was pure which resulted into exchange of abuse between them. Hearing this, Jamuna Prasad who lived in the nearby of the house arrived there. Jamuna Prasad came there on the scene of the offence along with Raghubir Singh and Rampal. They tried to pacify the matter but were not successful. At that point of time three sons of Lachhman also arrived there and immediately returned to the place of offence. Netra Pal had a pistol and Dhanpal and Nekpal were armed with lathi. On seeing this Jamuna Prasad further tried to pacify the accused by telling them not to beat / assault Chandra Pal. This fact enraged the accused and Netra Pal opened fire on Jamuna Prasad which caused injuries to him. On the very same day at 6.30 p.m. an F.I.R. at Police Station Aonla was registered. The investigation commenced after recording the statements of the witnesses after preparing the fareed bayan and panchnama.