JAGDISH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the appellants, learned A.G.A. for the State and perused the material on record.

(2.) This appeal has been filed by the appellants against the judgement and order dated 21.06.2005 passed in Sessions Trial No.193 of 2001 (State v/s Jagdish and others) under Section 307/34, 302/34 I.P.C. and Sessions Trial No.194 of 2000, under Section 25 and 4/25 Arms Act, Police Station Sureer, District Mathura whereby the learned Additional Sessions Judge-IV, Mathura has acquitted the appellants Jagdish, Rajendra Singh and Vijay Kumar under Section 307/34 I.P.C., u/s 4/25 and 25 Arms Act and has convicted them under Section 302/34 I.P.C. and sentenced them to imprisonment for life with fine of Rs.10,000/- and in default of payment of fine further to undergo imprisonment for one year.

(3.) Briefly stated the facts of the case are that on 21.12.2000 at about 4:30 p.m., Mukesh, the informant, Rohitash Kumar (deceased), his wife Mamta, sister of the first informant, niece Kavita, Sanjay son of Sumer Singh, Naresh son of Shri Indrapal Singh, Rajkumar son of Sri Kishori Lal and others were sitting on a chabutra (elevated floor) outside the house of Rohitash and talking among themselves when the three accused, namely, Jagdish, Rajendra and Vijay Kumar came there armed with weapon in their hand and stating that they would teach him a lesson with regard to Pradhan elections all the three accused persons fired at Rohitash with intention to kill. Rohitash after receiving fire arm injury in order to save himself entered into the house of Sumer Singh running through Gully, assailants also entered into the house of Sumer Singh firing behind him and they killed him there. When they reached the house of Sumer Singh, they found Rohitash lying dead and the assailants, the appellants herein, fled away firing at them with intention to kill them.