RAVINDRA @ LUDDA Vs. STATE OF U P

JUDGEMENT

(1.) These three appeals are directed against the judgment and order dated 23.04.2009 passed by Additional Sessions Judge, Fast Track Court No. 1, Mathura in Sessions Trial No. 713 of 2007 Sessions Trial No. 587 of 2006 arising out of Case Crime No. 338 of 2007 whereby the accused-appellants Ravindra @ Ludda, Pito @ Pitam Singh and Devi Lal were convicted under Section 307 of Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to rigorous imprisonment for a period of ten years and to pay fine of Rs. 10,000/- and in default of payment of fine, rigorous imprisonment for further two years.

(2.) Brief facts of the prosecution case, as discernible from record, are that in the night intervening 21/22.07.2007, some exorcism ('jantar-mantar') was going on to remove the diseases caused to animals and for that purpose, a torch ('kareela') was being burnt. In that event of exorcism, Ratan Singh (P.W.2) s/o Khemchandra, Hira Singh s/o Lalaram, Vuddhi s/o Ram Pal, Prem Singh (P.W.1), his brother Harbansh (P.W.3) and his father Yadram and other villagers were present. Accused-appellants Ravindra @ Ludda s/o Charan Singh, Devi Lal s/o Charan Singh and Pito @ Pitam Singh s/o Sukhiram were also present there. At about 0.15 hours (12.15. A.M.), accused-appellants Ravindra @ Ludda, Devi Lal and Pito @ Pitam, with intention to kill, fired on Harbansh. The fire of Ravindra @ Ludda hit on the back of Harbansh and he fell on the ground. The villagers rushed towards the injured Harbansh to save him and on seeing this, the accused-appellants fled away from the spot. Thereafter, the injured was taken to his home, where the accused-appellants reappeared and with intention to kill Prem Singh appellant Devi Lal fired on him which went past him and hit the wall. On hearing the sound of fire, other villagers came to the spot. The whole incident was seen in light produced by electricity.

(3.) About half an hour of the occurrence on 22.07.2007 at about 0.45 hours (12.45 A.M.), on the written statement (Ex.Ka.1) of informant Prem Singh, a chik first information report (Ex.Ka.2) under Section 307 IPC was lodged at Police Station- Chhata, District- Mathura at Case Crime No. 338 of 2007 against accused-appellants Ravindra @ Ludda, Devi Lal and Pito @ Pitam, all residents of Nagla Thok Kasba, Police Station- Chhata, District- Mathura.