MAHENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been preferred by the appellant against the judgment and order dated 22.5.2006 passed by Special Judge, (S.C./S.T. Act) District Banda in Special Sessions Trial No. 90 of 2005 (State of U.P. Vs. Mahendra Singh), under Sections 302/504 Penal Code and 3(2)5 of S.C./S.T. Act, Police Station Rajapur, District Banda, whereby the appellant was convicted and sentenced for life imprisonment with a fine of Rs. 20,000.00. In default of payment of fine he has to further undergo additional six months rigorous imprisonment.

(2.) In the instant appeal, the case of the prosecution may be summarized as under :- That on 30.1.1995 at 5.15 P.M. a first information report was lodged at Police Station Rajapur District Banda regarding an incident which is said to have taken place on 30.1.1995 at about 4 P.M.

(3.) The prosecution case, in brief, is that about 20 days before the incident the accused-appellant Mahendra Singh forcibly wanted to cut the Neem tree situated in the field of the informant's grand father. However, Mahaveer (deceased) and did not permit him to cut the tree. On that day the accused-appellant left the place. However, on 30.1.1995 he again came at the tube-well of the first informant at about 4 P.M. armed with his licensed double barrel gun. The informant's grand father looking to his agitated mood permitted him to cut the tree, but it was strongly opposed by his father Mahaveer (deceased). Upon it, the accused started hurling abuses and fired on the deceased which hit on his near the neck due to which he fell down. Then the accused-appellant again fired which hit on the left side of chest. The informant and other family members who are present there had witnessed to the incident. Then the first informant Bachcha scribed first information report in the village and got it registered as Case Crime No. 12 of 1995, under Sections 302/504 Penal Code and 3(2) 5 of S.C./S.T. Act, police station Rajapur District Banda.