RAMU @ JITENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Virendra Singh, along with Km. Sadhana Singh, for the appellant and Sri Anil Kumar Kushwaha, A.G.A., for State of U.P.

(2.) Ramu @ Jitendra (the appellant) has filed aforementioned appeal from the judgment of Additional Sessions Judge, Court No. 3, Bulandshahar, dated 11.04.2012, passed in S.T. No. 1085 of 2008, State vs. Ramu @ Jitendra and another, [arising out of Case Crime No. 14 of 2008], under Sections 120-B, 302/34, 307/34 of Indian Penal Code, 1860 (hereinafter referred to as the 'IPC'), police station Jahangirabad, district Bulandshahar, convicting him under Section 302 IPC and sentencing for imprisonment for life and fine of Rs. 25000/-, with default stipulation. It may be mentioned that the appellant has been acquitted from the charges and under 307/34 and Section 120-B IPC and the co-accused Tej Singh has been acquitted from all the charges by the impugned judgment but neither State of U.P. nor the informant has filed any appeal against the acquittal.

(3.) On the written complaint (Ex-Ka-1) of Khoob Chandra (PW-2), FIR (Ex-Ka-15) of Case Crime No. 14 of 2008 was registered under Section 302, 307, 120-B IPC, at P.S. Jahangirabad, district Bulandshahar on 15.01.2008 at 13:30 hours, by Head Moharrir Raj Pal Singh, against Ramu @ Jitendra, Tej Singh and Ravindra. It has been stated in the FIR that Malook Singh, the brother of the informant was planning to move no-confidence motion against Ramu @ Jitendra son of Tej Singh, resident of village Bhaupur, the present Pradhan of the village. His brother had also given application for inquiry against the present Pradhan. Due to which, he was keeping enmity with his brother. On 15.01.2008 at about 10:30 AM, Ramu @ Jitendra along with his father Tej Singh and two unknown miscreants came to Sardar Patel Uchchtar Madhyamik Vidyalaya, Karaitha on two motorcycles. As soon as he came, he said to his brother "you were planning for moving no-confidence motion against him; today we would finish your story". On which, Tej Singh, father of Ramu, while abusing asked to shoot him. On which Ramu @ Jitendra and two unknown miscreants did fire from the pistols in their hands upon his brother with an intention to kill him. The fire made by Ramu @ Jitendra, who was standing in front of his brother, caused injury to his brother in his chest. At that time, the informant Khoob Singh son of Bhabhuti Singh and Brijpal son of Ram Chandra, resident of Gurhawali Khurd were present near the verandah of the school. On their alarm, Ramu @ Jitendra along with his father Tej Singh son of Kishan Lal, residents of village Bhaupur, fled away riding on their motorcycle. The other two miscreants could not start their motorcycle, due to nervousness. Looking to the crowd of students and the teachers of the school, they entered in a sugarcane field near the road. The crowd challenged the miscreants, who had entered into sugarcane field. The miscreants, finding themselves as besieged by the crowd, came out from the sugarcane field. The crowd, showing their courage, killed both the miscreants on the spot. While dying, one of the miscreants informed that they were hired and sent by Ravindra son of Tej Singh, brother of Ramu, who was doing service in Railway Protection Force, at Chandausi, giving money, to kill Malook Singh. He further informed that in last night, they had stayed at the house of Ramu @ Jitendra and on the date of incident Ramu @ Jitendra and his father Tej Singh had brought them at the school, for committing murder of Malook Singh. Malook Singh was seriously injured from the bullet shot by Ramu @ Jitendra from his front side. The informant sent his brother Malook Singh to the hospital, in injured condition, where the doctors have declared him as dead. After lodging report, legal action be taken against the accused.