JASVEER SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Both the aforementioned appeals assail the correctness of the common judgment and order dated 23.11.2009 passed by Additional Session Judge, Court No.6, Meerut State of U.P. Vs. Jasveer Singh and others in S.T. No. 214 of 1996, State Vs. Jasvir Singh and others,arising out of case crime no. 421 of 1995, wherein the accused Jasveer Singh, Rajkumar and Satish Singh were convicted under Sec. 302 I.P.C. to undergo life imprisonment and also pay a fine of Rs. 5,000.00 and in default thereof one year's additional imprisonment. The appellants have also been convicted under Sec. 201 I.P.C. to undergo rigorous imprisonment for two years R.I. and to pay a fine of Rs. 3,000.00, and in default awarded further, six months imprisonment to each.

(2.) Since both the aforementioned criminal appeals arise out of the common judgement and order dated 16.11.2009, whereby the appellants of both the appeals have been awarded life imprisonment, they are being heard and decided by a common judgement.

(3.) Narrated concisely, the prosecution case against the appellants is that in the evening of 25.09.1995, Jasveer in inebriated state abused the complainant Omkar Singh and his real brother Ompal (deceased), who warned him from doing so. Jasveer went away threatening them with dire consequences. Thereafter, when the complainant along with his brother was coming back towards his house from his gher, appellant accused Jasveer, Rajkumar and Satish armed with rifle, farsa and country-made pistol arrived near the gher of Jaipal. Jasveer and Satish fired gun shots causing instantaneous death of the deceased. Complainant fled away from the scene of occurrence. When he returned along with Rajaram and Billu at the place of occurrence, he found a lot of blood on the spot and the body of the deceased missing .