PREM PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the appellants, learned A.G.A. on behalf of the State and perused the material available on record.

(2.) The judgment and order dated 28.2003 passed by Additional Sessions Judge, Court No. 1, Badaun in S.T. No. 684 of 2000, case crime No. 49 of 2000, convicting all the appellants for life imprisonment coupled with a fine of Rs. 5000/- under Section 302/34 I.P.C. and further convicting the appellant - Prem Pal for three months rigorous imprisonment under Section 30 Arms Act is under challenge in both the abovesaid criminal appeals.

(3.) The prosecution case in nut-shell is that on 19.2000 Badan Singh handed over a written report to Station Officer, Usava, Badaun with the averments therein that on the same day at about 8.00 PM an altercation took place between two children Nirdosh and Dannu. Rajeshwar of the same village favoured Nirdosh while Hemraj took favour of Dannu. After a while Rajeshwar and Hemraj started fighting each other on the same issue. Complainant Badan Singh, Rajpal and Mangli tried to pacify. At the same time Balbir and Prempal appeared there. Prempal was having a licensee gun with him. On the exhortation of Hemraj and Balbir Prempal opened fire at Mangli (hereinafter referred to as 'the deceased') resulting into his death. A kid Girish S/o Rajpal also received pellet injuries on his left cheek during the said firing. A report in the light of the said complaint was lodged on the same day at 8.30 PM.