STATE OF U.P. Vs. NAWAB SINGH

JUDGEMENT

(1.) Heard Sri Jitendra Singh, Brief Holder, for State Of U.P. and Sri Raghuraj Kishore, for the accused-respondents.

(2.) State of U.P. has filed this appeal from the judgment of First Additional Session's Judge, Ghaziabad, dated 08.05.2002, passed in S.T. No. 361 of 1992, State Vs Nawab and others, [arising out of Case Crime No. 2 of 1992, under Section 147 , 148 , 149 , 302 of Indian Penal Code, 1860 (hereinafter referred to as the IPC, P.S. Hapur, district Ghaziabad], acquitting the accused-respondents.

(3.) On the written complaint (Ex-Ka-1) of Prem Pal Singh (PW-1), FIR (Ex-Ka-3) of Case Crime No. 2 of 1992 was registered on 01.01.1992 at 11:00 AM, under Section 147 , 148 , 149 , 302 IPC, at P.S. Hapur, district Ghaziabad, against Nawab Singh, Jogendra, Brij Pal Singh, Sohan Pal @ Pappu and Jitendra @ Boby (the respondents) and one Sant Pal Singh, by Constable Clerk Ghan Shyam Sharma. It has been stated in the FIR that the informant was resident of village Dastoi, P.S. Kharkhauda, district Meerut. Surendra, brother of the informant, Vijay Pal Singh and Sumit Singh were going to Hapur on a scooter from the village on 01.01.1992. They reached at Goyana Tonga Stand at about 9:30 AM. Then Nawab Singh, Sant Pal Singh, Jogendra and Brij Pal, armed with farsa; Sohal Pal Singh @ Pappu and Jitendra @ Boby, armed with pistol came there. The informant was waiting for a conveyance at Tonga Stand, for going to Hapur. Nawab and others stopped the scooter of his brother. His brother Surendra fled away towards village Goyana, in order to save him, leaving the scooter. The informant, Sumit Singh, Vijay Pal Singh and Peetam Singh and others, standing on Tonga Stand, started raising alarm to save the life of his brother. But after covering some distance near Kalesar, Nawab and others besieged his brother and assaulting with farsa and pistol murdered him. This incident was witnessed by Sumit Singh, Vijay Pal Singh son of Atar Singh, Nepal Singh son of Har Saran Singh, Peetam Singh son of Sangram Singh. His brother was having enmity with Nawab and others due to election of Pradhan. Earlier also they attempted to killhis brother and caused several incident, which were reported by his brother at the police station. The accused were man of criminal antecedents. Sumit and Vijay Pal have been left near the dead body of his brother. On the basis of the written report, the F.I.R. was lodged.