DIPTY SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Kamal Krishna, learned Senior Counsel assisted by Sri Ghanshyam Das, learned counsel for the appellant, Sri Ajay Kumar, learned counsel for the informant, Sri J.K. Upadhyay, learned A.G.A. for the State and perused the record.

(2.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgement and order dated 15.05.2009 passed by Additional Sessions Judge, Fast Track Court No.3 Mainpuri in Sessions Trial No. 388 of 1998 (State Vs. Dipty Singh), arising out of Case Crime No.223 of 1997, Police Station- Alau, District- Mainpuri, whereby the appellant- Dipty Singh- has been convicted and sentenced to undergo life imprisonment coupled with fine Rs.10,000/- and default clause stipulates additional six months imprisonment for offence under Section 302 IPC.

(3.) Facts relevant for adjudication of this appeal appear to be that Sri Bariyar Singh s/o Jeetam Singh, r/o Village- Ghutara, Police Station- Bewar, District- Mainpuri lodged written report against the accused-appellant- Dipty Singh- and three others at Police Station- Alau, district- Mainpuri on 18.11.1997 at 6.05 P.M. regarding the incident of murder having taken place at 1.00 P.M., the very same day, on the field at village- Atiya hamlet of Ilawas with allegation that on the day of occurrence the informant was working on his field and in the nearby field informant's nephew Ravindra Singh s/o Sriram Swaroop of village- Ghutara within police station- Bewer, was ploughing field of Ram Ladaitey s/o Ram Bhorasey by his tractor. Ram Ladaitey was partner/sharer of part of crop sown in the field of Narain Singh of village Ghutara. The tractor was being driven by Mukesh s/o Ajeen Singh. At that point of time, Ram Bharosey, Kayam Singh, Dipty Singh along with three others were seen coming from the side of village- Atiya. Dipty Singh was possessing country-made gun, whereas other accused were also possessing country-made gun and rifle. The written report contains description regarding fact that Ram Bharosey and Ram Vilash are accused in the murder of Ram Bahadur Singh in 1994, who is uncle of Ravindra Singh. Father of Ravindra Singh- Ram Swaroop Singh is a witness in this case. Accused of that case are still absconding and were threatening to wipe out the family of Ravindra Singh. Having sighted the accused, Ravindra Singh started running away when he was chased by the accused- Dipty Singh and his accomplices. Ravindra Singh had, in the meanwhile, crossed 4- 5 fields towards the eastern side, when the accused Dipty Singh after heavy pursuit, fired on him. The other accused also fired on him. In the meanwhile, Ram Ladaitey, Mukesh etc. arrived on the spot. The accused after realizing that the victim Ravindra Singh has since expired, fled away from the scene. The informant and the other witnesses went upto the spot in the field of Ganga Singh where they found Ravindra Singh dead. Request was made for lodging the report and taking appropriate action.