NATTHU SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of impugned judgment and order dated 13/14.02.2007 passed by the Additional Sessions Judge, Jalaun at Orai, in Sessions Trial No. 223/2004, convicting appellant Rajesh Yadav under Section 302 of IPC and sentencing him to undergo rigorous imprisonment for life with a fine of Rs.20,000/- and convicting appellant Natthu Yadav under Sections 302/34 IPC and sentencing him to undergo rigorous imprisonment for life with a fine of Rs.20,000/-. In default of payment of fines, the appellants are directed to further undergo three years additional imprisonment each.

(2.) In the present case, the deceased is Vineet. As per prosecution case, on 13.05.2002, a marriage was to be solemnized in the house of Surendra Singh (PW-2) and a day prior i.e. on 12.05.2002, at about 1.00 PM, deceased Vineet alongwith his cousin Rajveer Singh (PW-1) and Jitendra Singh (PW-3) had gone for marketing. On the way, they met accused-appellant Natthu Yadav, Rajesh Yadav and acquitted accused Shailendra and Rajendra Singh. All the accused persons alleged to have surrounded the complainant pfy and at the relevant time, accused Rajendra Singh was having linceced gun with him, whereas the other accused persons were carrying country-made pistols. Accused Natthu told deceased Vineet as to why you are becoming "Dada" and when it was refused by Vineet, Natthu exhorted his son Rajesh to kill Vineet and soon thereafter, accused Rajesh accepting the command of his father, fired from his licenced gun causing injury on the head of the deceased, resulting his instantaneous death.

(3.) The incident had been witnessed by Jitendra Singh (PW-3), Rajveer (PW-1), Hariom (PW-7) and Satish. After committing the murder, all the accused persons fled away from the spot by firing and threatening the witnesses not to make any effort to catch them. Information was sent to Surendra Singh (PW-2), the father of the deceased, and at his instance at 2.30 PM, FIR, vide Ex. Ka.-21, was registered against the appellants and acquitted accused Shailendra and Rajendra Singh under Sections 302/34, 506 and 504 of IPC .