MAHENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Sukh Veer Singh, learned counsel for the appellant-accused, Sri Ajit Ray, learned AGA for the State and perused the material placed on record.

(2.) Appellant has assailed the judgment and order dated 07.02009 passed by Special Judge, Essential Commodities Act, Farrukhabad, in S.T. No. 469 of 1998 (State of U.P. Vs. Mahendra Singh) arising out of Case Crime No. 43 of 1998, under Section 302 IPC, P.S. Kampil, District Farrukhabad, by which the appellant has been convicted under Section 302 IPC and sentenced to life imprisonment and fine of Rs. 5,000/- (in default of payment of fine, two years' additional imprisonment).

(3.) Facts giving rise to this criminal appeal, in brief, are that complainant Shivpal Singh son of Balister Singh, resident of village Bhagipur Umarha, P.S. Kampil, district Farrukhabad submitted a written Tahrir dated 15.04.1998 (Ext. Ka-1) before the police station concerned, narrating therein that there is old enmity of litigation between his father Sri Balister Singh and Mahendra Singh son of Dharmpal Singh, resident of his own village. Accused Mahendra Singh had left the village due to this enmity, for last several years and he was planning for murder of his father. Complainant and his father were coming from Katia Station to his village today in the evening at about 6:00 P.M. by road and when they reached near the tubewell of Dulhe Pradhan, resident of Katia, accused Mahendra Singh having double barrel gun in his hand and his two companions having countrymade pistols in their hand came out from side of road. Accused Mahendra Singh exhorted and all the three accused persons fired several rounds on his father, due to which his father died on the spot. Complainant ran away towards his village, raising alarm. Hearing alarm of complainant, people working in nearby fields rushed, but all the three accused persons ran away from there. Occurrence took place at about 6:30 P.M. People working near the fields and passengers passing through the road had seen the occurrence. Dead body of his father is lying on the place of occurrence. Necessary action be taken.