MANIK CHAND NIGAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Brijesh Sahai, learned counsel for appellant and and learned A.G.A. for State.

(2.) This appeal has arisen from the judgement and order dated 16.2.2005 passed by Sri Gulab Singh Rathore, Additional District Judge, Court No. 1, Buland Shahar in S.T. No. 499 of 1998 (State Vs. Manik Chandra Nigam), under Section 302 IPC, Police Station-Ram Ghat, District-Buland Shahar convicting the appellant for an offence under Section 302 IPC for life imprisonment.

(3.) The accused is in jail since 15 years. The brief facts as they emerge from the record, which is available with us are that on fateful night i.e. on 14.12.1997 the accused was on patrolling duty accompanied by two other constables. At about 8:45 pm he saw that four persons were in a vehicle, which was stationary. He under impression that they were criminal (Badmash) shooted at them, the person in vehicle made a scene. The accused is alleged to have indiscriminately fired at the persons who were in the car.