NINNAML SINGH Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Rathi, J. All the four appel lants have been convicted for the offences punishable under Sections 148,302/149, I. P. C. and have been sentenced to undergo 2 years R. I. under Section 148 I. P. C. and imprisonment for life under Section 302/149, I. P. C. vide judgment and order dated 21. 10. 81 by Addl. Sessions Judge, Aligarh.

(2.) THE case of the prosecution as is unfolded by the documentary and oral evidence on record is that Raksh Pal Singh complainant examined as P. W. 1 resident of Sikandarpur, police station Akrabad, District Aligarh on 5. 11. 90 at about 4 p. m. alongwith Sajjan Singh P. W. 2 and victim of this case Mahipal Singh (deceased) were going to the house of Vijai Pal Singh, younger brother of the deceased Mahipal Singh in town Aligarh from the side of Chharra bus station. Raksha Pal Singh complainant is owner of the bus which runs on the route of Aligarh to Shankara from Chharra bus station, Aligarh. As they reached near the sewer well, they saw Yash Pal P. W. Sand Vedpal coming from the op posite side. As they reached near the north-east corner the sewer well, the ap pellants Narendra Singh and Ranveer fired three rounds of shots from their re volvers at Mahipal Singh all of which caused injuries on the left arm of Mahipal Singh. After receiving injuries, Mahipal Singh tried to run. In the mean time, the appellants Ninnami and Brijendra Singh fired three round of shots at Mahipal Singh which caused injuries on the left side of chest, head and left eye. Mahipal Singh fell down at a distance of about 1-2 steps and died. Ninnami Singh appellant es caped by Motor Cycle No. D. H. Y. 2394 and the other three appellants Vijendra, Narendra Singh and Ranveer Singh by Fiat Car No. R. S. A. 147, on the driving seat of which Jagdish a harden criminal was sit ting and waiting for them.

(3.) ALL the appellants of this case pleaded not guilty and alleged that the witnesses have enmity with them and therefore, have falsely implicated them. The appellants examined two witnesses in defence who are Ekbal Ahmad and Udai Singh D. W. 1 and 2. They have not stated anything regarding the facts. They have proved the information received on telephone at the control room, Aligarh on 5. 11. 80 at 5. 05 p. m. which is Ext. Kha-19. The information received was, that some body informed on telephone from Surendra Nagar that Mahipal has been shot dead by some body. It has been proved to show that till 5. 05 p. m. the name of the assailants were not known.