RUPA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Brijesh Sahai and Ms. Katyayni, learned counsel for the appellants, Sri V.M. Zaidi, learned Senior Advocate assisted by Sri Aklank Jain for the complainant, Sri J.K. Upadhyay, Kumari Meena, learned AGAs and Smt. Manju Thakur, brief holder for the State.

(2.) The appellants Rupa A1, Ghanshyam A2 and Jaipal A3 have preferred this criminal appeal against the judgment and order dated 5.1.2004 passed by Additional Session Judge Court No. 4, District Mathura in ST No. 106 of 1995 (State Vs. Rupa and others) by which all the appellants have been convicted and sentenced to undergo life imprisonment and fine of Rs. 10,000.00 each and in default of payment of fine, one year additional rigorous imprisonment under Sec. 302/34 IPC.

(3.) Briefly stated, the facts of the case are that on the basis of the written report Ex. Ka1 lodged by PW1 (complainant) Kishori Lal at P.S. Mathura Kotwali, Mathura on 25.10.1994 at about 3:30 PM, case crime no. 706 of 1994 under Sec. 302 Penal Code was registered against the appellants Rupa, Ghanshyam and Jaipal. In the written report Ex. Ka1 which was lodged by PW1 (complainant) Kishori Lal it was alleged that he was a resident of Village Sihora, P.S. Jamunapar, District Mathura. Civil case between him and A1 Rupa son of Gopal Jat was pending before the Civil Court and on the date of the incident he had gone to the Court for attending the date in the aforesaid case along with his brothers Sunehri Lal, Ganga Prasad and Moti Ram, brother-in-law (Saadhu) of Sunehri Lal and when while returning from the Court after attending the date in the aforesaid case they reached the old bus stand on a three wheeler, PW1 saw A1 Rupa, A2 Ghanshyam and A3 Jaipal coming on a motorcycle. Since PW1 Kishori LaL had to go to his sister's home in Hathras his brothers and brother-in-law also decided to accompany him upto the Cantt. Railway Station and when at about 3:30 PM they reached the gradience near Malgodam, A1 Rupa, A2 Ghanshyam and A3 Jaipal came on a motorcycle from behind and after stopping the complainant and his two companions all three of them exhorted to finish of Sunehri Lal who was doing very effective pairavi in the case and thereafter A1 Rupa and A2 Ghanshyam caught hold of complainant's brother and shot him with their fire arms. In the meantime A3 Jaipal turned the motorcycle and all the three assailants escaped on the motorcycle after committing the murder of his brother Sunehri Lal. The incident was witnessed by the complainant, his companions and several other persons. Leaving behind his brother Ganga Prasad and Moti Ram the complainant left for police station to lodge the FIR of the occurrence. Chek FIR was prepared by Head Moharrir Lian Singh who also made the relevant GD entry Ex. Ka10 vide rapat no. 39 at about 16 hours.