CHANDER Vs. STATE OF U.P.

JUDGEMENT

(1.) Present Criminal Appeal has been preferred by accused Chander and Jogender against judgment and order dated 17.5.1984 passed by IIIrd Additional District and Sessions Judge, Bulandshahr in?Session Trial No. 154 of 1984 (State of U.P. Vs. Chander and another), under Sec. 302/34 I.P.C., Police Station Kakore, District Bulandshahr, convicting and sentencing accused appellants for the offence under Sec. 302/34 Penal Code for life imprisonment.

(2.) Prosecution case, as mentioned in chik first information report (FIR) (Ext. Ka-1), are as follows:

(3.) Case of prosecution, as unfolded in the written report (Ext. Ka-1) and in statements of prosecution witnesses, is that in the intervening night of 14/15.12.1983 at about mid night deceased Vijai Pal and his mother Smt. Jai Dei (PW-1) were going to irrigate their field situated in the jungle of village Hirnoti from Government tube well. Smt Jai Dei was carrying a torch with her and when deceased Vijai Pal and his mother Smt. Jai Dei reached at the corner of field of Ved Ram Singh (PW-3) near bonga accused persons Chander and Jogender came from opposite direction. Accused Chander was carrying a country made pistol and Jogender was carrying a Pharsa. Both accused persons had old enmity with deceased Vijai Pal and as such they apprehended Vijai Pal. Smt. Jai Dei and Vijai Pal raised alarm. Thereupon accused Chander fired a shot at Vijai Pal by placing the country made pistol at his temple. Accused Jogender assaulted Vijai Pal with Pharsa. After sustaining injuries Vijai Pal fell down on the ground. Thereupon accused Jogender again fired a shot in the waist of deceased to ensure his death. Smt. Jai Dei recognized aforesaid accused persons in the moon lit night and in the flashes of torches. After committing the ghastly murder of Vijai Pal both accused escaped towards service road. On hearing gun shot and alarm, Satpal Singh, Pradhan of village and Ved Ram Singh, who were coming from the Railway Station Wair through service road, challenged the accused persons from the field of Har Sarup. Accused persons also threatened Sat Pal Singh and Ved Ram Singh and escaped towards east. Sat Pal Singh and Ved Ram Singh also saw and recognized accused persons in the moonlit night while fleeing away from the spot after committing murder of Vijai Pal. Before three years of aforesaid occurrence an electric motor was taken away by some persons from the tube well of Ram Prasad (father of accused) and he lodged a report in connection of theft of said motor naming deceased Vijai Pal but police submitted Final Report in the said case and as such both accused persons had enmity against deceased Vijai Pal and they committed his murder in revenge.