NEKPAL AND OTHERS Vs. STATE OF U.P

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 15.06.2012 passed by Special Judge, SC/ST Act, Bareilly, in State of U.P. v. Nekpal and others whereby the Special Judge has convicted the appellants-accused namely, Nekpal, Harish alias Bablu and Mahesh and sentenced them to undergo life imprisonment under section 307 read with section 34 I.P.C. and also to pay a fine of Rs. 20,000/- each half of which shall go to the injured Omprakash. If they fail to deposit the fine they will undergo additional imprisonment for one year each.

(2.) Narrated concisely, prosecution case against the appellants is that on 13.02.2009 around 05:30 pm in the evening the informant, Omveer along with his uncle Omprakash son of Dhakan Lal, was returning from Faridpur to his house on motorcycle of his uncle. The informant was driving the motorcycle and his uncle was at the back seat. As soon as they reached the telephone tower near Dwarkesh Sugar Mill Bhagwanpur, Phulwa, accused Nekpal son of Ram Bharose, Harish alias Bablu and Mahesh both sons of Nekpal came on a motorcycle from behind. Mahesh was driving the motorcycle Nekpal and Harish both possessed with country-made pistol were sitting behind. As their motorcycle approached the motorcycle of informant, Nekpal exhorted his uncle using castistremark and Harish alias Bablu fired aiming his uncle Omprakash with a country-made pistol of 315 bore with the intention to kill him which hit below the left shoulder on the back of Omprakash. Immediately, Nekpal also fired a shot which missed and there after they ran towards Nagla Jasi. At the same time, Shahdat alias Pintu and Narendra Kumar, employee of Rampura Nayan Petrol Pump, reached the spot and saw the accused fleeing towards Nagla Jasi. The injured Omprakash was firstly taken to Faridpur on motorcycle and therefrom having regard to the seriousness of his injuries, he was admitted in Siddhi Vinayak Hospital, Bareilly for treatment. Since the condition of his uncle, Omprakash was serious, the complainant could not inform the police immediately.

(3.) The F.I.R. was lodged on 14.02.2009 at 07:00 pm, registered as Case Crime No. 71/2009, under sections 307, 504 IPC and section 3(2)(5) SC/ST Act. The injured was medically examined at Siddhi Vinayak Hospital, Bareilly by Dr. Deepak Kudeshiya (PW-4). The injury report reads as follows:-