JASWANT ALIAS RAJAN Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed by the appellants Jaspal alias Rajan and Sanni alias Hardeep Singh against the judgment and order of conviction and sentence dated 4.11.08 passed by the Additional District & Sessions Judge/Special Judge (S.C./ST, Act), FTC No. 4, Aligarh in ST. No. 792/04, State v. Jaspal @ Rajan and another and in ST. No. 886/04, State v. Jaspal Singh @ Rajan whereby appellants were found guilty and convicted for the offences punishable under Sections 302/34, IPC and 3(2)(v) SC/STAct and each of them was sentenced to undergo life imprisonment with a fine of Rs. 50,000/- and in default of payment of fine further simple imprisonment for two years for the offence punishable under Section 302/34, IPC and life imprisonment with a fine of Rs. 50,000/- for the offence punishable under Section 3(2)(v), SC/ST Act and in default of payment of fine further simple imprisonment for two years. Accused-appellant Jaspal alias Rajan was further convicted and sentenced to six months' simple imprisonment with a fine of Rs. 2,000/- and in default of payment of fine additional imprisonment for one year for the offence punishable under Section 30 of the Arms Act.

(2.) The prosecution case as disclosed in the FIR by the first informant Ganga Saran Diwakar, r/o Bima Nagar, Soot Mill, P.S. Banna Devi, District Aligarh is that on 4.6.04 at about 12.00 in the night his brother Amar Singh was returning to his house after getting his vehicle repaired. When he reached near the house of the appellants, he was stopped by them and was abused. They also used language derogatory to his caste. Amar Singh cried and called the complainant at which he and his another brother Udai Veer Singh reached at the spot. Sufficient light was there. The appellant Sanni alias Hardeep Singh exhorted to kill at which Jaspal alias Rajan fired at Udai Veer Singh due to which he received injury and fell down on the ground. The complainant and others took him to Malkhan Singh Hospital and later on to the Medical College, Aligarh where he was declared dead. The occurrence was committed as there was business rivalry between the parties as both were engaged in transport business.

(3.) Leaving the dead body in the Medical College the informant Ganga Saran Diwakar got the report of the incident written from Satveer Singh S/o Mahendra of village Baraula, Zafrabad, P.S. Banna Devi and went to P.S. Banna Devi where on the basis of the written report Chik FIR was written on 5.6.04 at 1.10 A.M.