NARESH Vs. STATE OF U.P.

JUDGEMENT

(1.) As these appeals arise out of a common judgement and order dated 30.10.2010 passed by Additional Sessions Judge, Court No. 15, Meerut in Sessions Trial Nos. 3 of 2000 and 189 of 2000, convicting the accused-appellants under Section 302 and 302/34 of IPC and sentencing appellant Naresh under Section 302 of I.P.C. to undergo imprisonment for life and a fine of Rs. 10,000/-, in default thereof, to further undergo two years rigorous imprisonment, however, he has been acquitted of the offence under Section 25 of The Arms Act and further sentencing appellants Brij Kumar and Sahdev under Section 302/34 of I.P.C. to undergo imprisonment for life and a fine of Rs. 10,000/- each, in default thereof, to further undergo two years rigorous imprisonment, they are being disposed of by this common order.

(2.) In the present case, name of the deceased is Virendra Singh, who was working as a teacher in a primary school at Khuwajampur. On 07.10.1999 at about 7:00 a.m., deceased left for his school on his bicycle and when PW-1 Jagdip Singh, nephew of the deceased, inquired from his maternal grandmother about the passbook of the Bank for getting an old age pension, it was discovered that deceased had taken the said passbook along with him. PW-1 Jagdip Singh and PW-2 Ram Charan proceeded towards the school of the deceased on the bicycle of PW-1 Jagdip Singh and when they reached just at the gate of the school, they saw one scooter coming from the other side being driven by accused Sahdev, whereas other two accused persons namely, Brij Kumar and Naresh were siting as pillion riders. After stopping the said scooter, accused Naresh and Brij Kumar carrying country made pistols with them reached to the window of the classroom of the school, accused Naresh caused firearm injury to the deceased of which, sound was heard by PW-1 Jagdip Singh and PW-2 Ram Charan. Accused Brij Kumar also made an attempt to cause firearm injury but he failed to do so and thereafter both these accused persons returned to their scooter and then all the three fled away from the spot. PW-1 Jagdip Singh and PW-2 Ram Charan reached to the window of the classroom and saw the deceased sitting on his chair in a pool of blood. According to PW-1 Jagdip Singh, this incident occurred at about 9:45 a.m., of which report was lodged at 11:15 a.m. It is relevant to note here that as per prosecution case, distance between the place of occurrence and that of police station is about 14 kilometers. Based on written report lodged by PW-1 Jagdip Singh, FIR Ex.Ka.17 was registered against all the three accused persons under Section 302 of IPC.

(3.) On 07.10.1999, inquest on the dead body of the deceased was conducted vide Ex.Ka.4 and the body was sent for postmortem, which was conducted on 08.10.1999 vide Ex.Ka.2 by PW-3 Dr. R.K. Kapoor.