VIJENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 2. 6. 2014 passed by the Additional Sessions Judge, Court No. 1, Etah, in S. T. No. 920 of 2007, State Vs. Vijendra Singh and others, arising out of Case Crime No. 457 of 2007, u/s 148, 307/149, 302/149, 404 I. P. C. , P. S. Jaithra, District Etah, connected with S. T. No. 919 of 2007, State Vs. Nimendra Singh, u/s 25 Arms Act, P. S. Jaithra, District Etah, S. T. No. 921 of 2007, State Vs. Sukhbir Singh, u/s 25 Arms Act, P. S. Jaithra, District Etah, S. T. No. 922 of 2007, State Vs. Dharmendra Singh, u/s 25 Arms Act, P. S. Jaithra, District Etah, and S. T. No. 923 of 2007, State Vs. Vijendra Singh, u/s 25 Arms Act, P. S. Jaithra, District Etah, whereby each of the appellants has been convicted for the offences u/s 148, 307/149, 302/149, 404 I. P. C. and has been sentenced u/s 148 I. P. C. for one year's imprisonment, u/s 302/149 I. P. C. for imprisonment for life with fine of Rs. 4000/-, in default of payment of fine, additional imprisonment of three months, u/s 307/149 I. P. C. imprisonment for a period of seven years with fine of Rs. 3000/-, in default of payment of fine, additional imprisonment of two months and u/s 404 I. P. C. for two years' imprisonment with fine of Rs. 1000/- and in default of payment of fine, additional imprisonment of one month. Each of the appellants has also been convicted u/s 25 Arms Act and has been sentenced with two years imprisonment with fine of Rs. 2000/-, in default of payment of fine, additional imprisonment of two months. All the sentences were directed to run concurrently.

(2.) Heard Sri Ratan Singh learned counsel for the appellants as well as Sri Saghir Ahmed and Sri J. K. Upadhyay, learned Additional Government Advocates and Sri Awadhesh Kumar Shukla, State Law Officer. Perused the record.

(3.) Shorn of unnecessary details, the facts in brief are that on 5. 6. 2007 at 2. 05 P. M. a first information report was lodged at Police Station Jaithra, District Etah, to the effect that there was long drawn enmity between the family of the complainant and the family of appellant no. 1 Vijendra Singh due to the reason that about 1 years ago some unknown person had shot fire on Dharmendra, the son of the appellant Vijendra Singh, who had lodged a first information report against the brother and son of the complainant namely Ram Prakash and Sukhbir at Police Station Jaithra and a criminal case in pursuance of the said FIR was pending in the District Court, Etah, against the brother of the complainant i. e. Ram Prakash. On 5. 6. 2007, the date in the aforesaid case was fixed in District Court, Etah, and the first informant along with his brother Ram Prakash, who was an accused in the case, had gone to attend the court proceedings by his motorcycle. After attending the court, when they both were returning and had reached near the field of Indrapal at about 1. 00 P. M. the appellants Vijendra Singh, Dharmendra, Sureshvir, Omvir, Nimendra, Sukhvir Singh and three unknown persons, who all, armed with deadly weapons, were waiting in ambush behind the grove of Shisham trees, suddenly came forward and surrounded them from all sides. Sureshvir was armed with his double barrel licensed gun and the others had country made pistols and Rifles with them. Seeing the accused surrounding from all the sides when Ram Prakash stopped his motorcycle, the accused started firing indiscriminately due to which Ram Prakash sustained several firearm injuries and died on the spot. The first informant somehow managed to escape and saved himself by running away from the spot. Accused Vijendra Singh instructed the other accused to snatch the chain, which the deceased was wearing and to take out the cash kept in his pocket. At that time villagers Gautam Singh and Veer Singh had also come to the spot and had witnessed the entire occurrence. A huge crowd of villagers had gathered at the spot. All of them tried to apprehend the accused, but the accused, putting them into fear by indiscriminate firing in the air, ran away towards western side. The dead body of the deceased was lying on the spot when the FIR was lodged.