VIJAY Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeals have been preferred by the two appellants against the judgment and order dated 19.2.2014 passed by the Additional District & Sessions Judge, Court No.4, Moradabad in S.T. No.85 of 2006 (State Vs. Anand Singh Others), arising out of Case Crime No.815 of 2005, under Sec. 302 I.P.C., Police Station-Munda Pandey, District Moradabad, whereby both the appellants have been convicted and sentenced under Sec. 302 I.P.C. for life imprisonment and further a fine of Rs.30,000.00 was imposed on them and in default of payment of fine, six months additional imprisonment.

(2.) Since, both the appeals arise out of a common judgment, hence, they are being decided by this common judgment.

(3.) The prosecution case as emerges out from the FIR lodged by the informant, namely, Bandu Singh who is father of the deceased is that; the son of the informant, namely, Vijay Pal Singh was employed as Security Guard in District Moradabad. One Anand Singh, son of Hori Singh was a fair price shop dealer and he was not distributing the kerosene oil and sugar in proper manner to the villagers, hence, his son Vijay Pal Singh had made a complaint against Anand Singh and thereafter his fair price shop licence was suspended, due to which Anand Singh bore enmity with him. In the same year, Anand Singh was contesting the election of Gram Pradhan. The son of the informant was also contesting for the same and there was every likelihood that his son, namely, Vijay Pal Singh would win the said election. On 28.7.2005 at 7.30 p.m. when the son of the informant was going to Moradabad on duty, then near the Madasana turning, Anand Singh, son of Hori Singh, shot dead the deceased and his dead body was lying on the spot. Thereafter, the informant was going to lodge the FIR of the said incident but Anand Singh had stopped him on the way, hence, he could not go to the police station to lodge the FIR and the same was got registered on 29.7.2005. While the informant was going to lodge the FIR, he was accompanied by several persons of the village who had also gone along with him to the police station and he prayed that the FIR be registered and action be taken against Anand Singh. In the FIR, it has been further stated that one Raghuveer Singh, son of Bandu Singh and Nanki Singh son of Baldev Singh of his village were also going along with the deceased and had seen the incident.