VED PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 25.04.1989 passed by V-Additional Sessions Judge, Muzaffarnagar, in Sessions Trial No.57 of 1987 State Vs. Brahm Singh and another, arising out of Case Crime No.200 of 1986 under Sec. 302/34 IPC, Police Station Bhopa, District Muzaffarnagar, whereby accused-appellant Ved Pal has been sentenced to life imprisonment under Sec. 302 read with Sec. 34 IPC.

(2.) Heard Sri S.S. Shah and Smt. Neeharika Singh, learned counsel for the appellant, Sri A.N. Mulla assisted by Sri Saghir Ahmed, Sri J.K. Upadhyay and Kumari Meena, learned AGAs for the State and perused the record of this appeal.

(3.) Facts germane giving rise to this appeal as reflected from record indicate that the informant Amar Pal son of Jagan Julah, resident of Village-Bhokar Hedi, Police Station Bhopa, District Muzaffanagar lodged the written report at Police Station Bhopa on 22.11.1986 at 9:35 p.m. regarding the incident of assault caused by the present accused-appellant in company with another co-accused on the informant's brother Rohtash, thus injuring him around 8:30 p.m. on 22.11.1986, with specific allegations that some days ago, altercation took place between the informant's brother Rohtash and the appellant Ved Pal son of Baljeet on some money transaction. The informant's brother had beaten up the accused-appellant Ved Pal but the matter was settled amicably after intervention of the villagers, whereas, accused-appellant Ved Pal had grudge against informant's brother. Today (22.11.1986) around 8:30 p.m., the informant's brother was going to 'Kolhu' for preparing jaggery from his house along with informant. When they reached in front of house of Brahm son of Kannu, Ved Pal took the informant's brother in his grip and exhorted Brahm for assaulting him, whereupon Brahm gave knife blow to the informant's brother Rohtash on his chest. Alarm was raised by the informant and his brother, whereupon Bahav son of Sukkha Pathan, Randhir son of Hari Ram and Khachedu son of Genda Julaha bearing torch in their hands arrived on the spot and extricated his brother Rohtash. A number of persons arrived on the spot due to which the assailants fled away from the scene. It has been described in the first information report that the informant's father took injured Rohtash by tractor to the hospital at Muzaffarnagar. This report was scribed by Tej Pal Singh son of Bala Singh and has been proved by Amar Pal PW-2 as Ext. Ka-1.