POP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The present Criminal Appeal has been preferred by the accused appellant Pop Singh against the judgement and order dated 15.2.2013/16.2.2013, passed by the Additional sessions Judge/Special Judge. E.C. Act Badaun in S.T. No. 688 of 2009 (State Vs. Pop Singh and 3 others) whereby the accused appellant has been convicted under Sec. 302 Penal Code and consequently sentenced to life imprisonment along with fine of Rs. 10,000.00. Upon failure to deposit the amount of fine, the accused appellant is to further undergo rigorous imprisonment of 1 year.

(2.) We have heard Mr. Istiyaq Ali, the learned counsel for the appellant, Sri Arunendra Kumar Singh and Anil Singh Chauhan, learned A.G.A. and Sri Sudarshan Singh, learned brief holder for the State.

(3.) The occurrence leading to the conviction of the appellant under the impugned judgement and order is alleged to have occurred in broad day light at 2.00 p.m. on a chilly winter day i.e. on 12.12.2008. Four persons namely Satyaveer, son of Poshaki Lal, Ramesh son of Hakim Singh, Mukesh son of Dharmveer, Hakim son of Poshaki Lal are said to be at their home. All of a sudden on the above mentioned day and time 5 persons namely Khushiram son of Mihilal armed with licensed revolver, Ravindra son of Khargi armed with illegal weapon, Jiraj son of Ramautar armed with illegal weapon, Doctor Rishi son of Khargi Singh armed with licensed rifle and Pop Singh son of Anokhe armed with illegal weapon with a common object are alleged to have aggressed at the house of Hakim Singh. They then are said to have abused the inmates and exclaimed that no one should go free. Immediately thereafter they started firing of which one shot struck Ramesh alias Nanhoo in his stomach. Somehow rest of the persons who are said to be present in the house, sneaked inside the house and thus managed to save themselves. On the loud alarm raised by the above named inmates, large number of villagers came on the spot. Thereafter, the injured is alleged to have been taken to C.H.C. Bisauli/Government Hospital, where he succumbed to the fire arm injury sustained by him.