OM PAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order recorded by Shri R.A.S. Yadav, Additional Sessions Judge, Court No. 4, Ghaziabad whereby the appellants were held guilty and convicted in Sessions Trial No. 1090 of 2003, State v. Mukhtiar and Ors., for the offence punishable under Section 302, I.P.C. read with Section 34, I.P.C. and each of them were sentenced to imprisonment for life and a fine of Rs. 5,000/ - and in default of payment of fine further R.I. for six months.

(2.) THE prosecution case as disclosed in the written report dated 25 -3 -1993 given by Naresh Pal at P.S. Babugarh, District Ghaziabad and registered at crime No.93/93 under Section 307, I.P.C. is that in the morning of 25 -3 -1993, Mahipal, son of Dharamveer, the cousin brother of the complainant and Mahipal's wife Prakashee were going to their fields on a buffalo cart. Ram Swaroop son of Sukhey, Tej Pal son of Narain and Dharmendra son of Om Pal were following the cart. As soon as the cart reached in front of the Chak Road of Ilias and others, accused Mukhtiar and Om Pal sons of Hari Singh and Navin son of Dharamveer appeared there with Tamanchas in their hands. They abused Mahipal, dragged him from the cart and fired upon him. This occurrence took place at about 9.00 a.m. and was committed as the accused had enmity with Mahipal.

(3.) WHEN Mahipal was being taken to the hospital at Babugarh, he succumbed to his injuries.