RAJENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The above mentioned appeals have been instituted by Rajendra Singh, Gajendra Singh, Ram Khilari, Krishan Gopal against the Judgment and order dated 24.9.2005 passed by Sri Anil Kumar Sharma Addl. Sessions Judge Court No. 4 Mathura in ST. No. 75 of 1995 under Sec. 302 and 307 IPC, P.S. Jamuna Par District Mathura. By the impugned Judgment and order learned Sessions Judge convicted the appellants for the offence under Sec. 302 and 307 Penal Code and sentenced to life imprisonment and imposed fine of Rs. 10000.00 in default to undergo imprisonment for one year and further sentenced each of the accused persons for the offence under Sec. 307 Penal Code to undergo seven years RI and Fine of Rs. 5000.00 and in default six months further imprisonment.

(2.) The facts of the case are as follows:

(3.) Puran Singh son of Preetam Singh resident of village Kumha P.S. Jamunapar lodged FIR on 27.7.91 at about 6.20 p.m. With the allegations that on 27.7.91 he along with his father Preetam Singh, Dilip Singh, Hakim Singh and others went in the court in connection of murder case. When they were returning to their village from Mathura, on the scooter of Vijai Singh and his father was pillion rider. Complainant ,Hakim Singh and Dilip Singh were on Motorcycle. Scooter was about 100 yards ahead from the motor cycle when scooter reached about 200 yards from village Diwana one motor cycle overtake the scooter. On that motor cycle Ram Khilari resident of his village was sitting along with gun. Rajendra was driving the motor cycle. He was also having a gun. Another motor cycle of blue colour bullet was also following that motor cycle. On that motor cycle there was Gajendra of his village along with gun. Pappu was driving that motor cycle. All these accused persons at about 5.30 p.m. Surrounded his father and Vijai Singh. His father and Vijai Singh alighted from the scooter and tried to escape from the spot towards railway line. But in the mean time Gajendra Singh by riffle, Rajendra, Ram Khilari by their guns, Pappu by country made pistol opened fires on both of them. After sustaining the bullet injury his father Preetam Singh fell down on the ground by the side of the railway line. Vijai Singh after crossing the railway line fled away from the spot towards the field. Accused persons chased him and opened fire on him with intention to killing him. The complainant, Dilip Singh and Hakim Singh tried to rescue. Numerous persons assembled on the spot. After causing injuries to the father of the complainant and Vijai Singh by fire arm all the accused persons escaped from the spot on the motorcycle. The accused persons committed the murder of his father.