AJEET SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellant-Ajeet Singh has filed this appeal against the judgment and order dated 17-10-1980 passed by Sri M. H. Khan, the then Vth Additional Sessions Judge, Muzaffarnagar in Sessions Trial No. 89 of 1980 (State of U.P. v. Ajeet Singh and others) by which he has been convicted under S. 307, I.P.C. and sentenced to undergo three years' R.I.

(2.) The brief facts of the case are that Ratan Chandra (hereinafter called as 'complainant side') son of Chet Ram lodged a First Information Report on 18-6-1979 at 9.30 a.m. against Ajeet Singh and his two sons, namely, Rajendra Singh and Sukhvindra Singh (since acquitted by the learned Sessions Judge) with the allegations that in the morning of 18-6-1979 at about 8.00 a.m. he along with his son Rajendra Pal was going towards the grove and when they reached there, they saw that all the three accused persons were ploughing the grove, which belonged to the complainant side. When the complainant asked not to plough the said plot Ajeet Singh all of sudden fired by his revolver, which hit the victim (complainant) in the arms and in chest. Rajendra Singh and Sukhvindra Singh exhorted to kill the complainant and his son Rajendra Pal then Ajeet Singh made two shots, which hit in the left arm of Rajendra Pal also.

(3.) After this appellant-Ajeet Singh (hereinafter called as 'appellant side') also lodged a First Information Report with the allegations that on 18-6-1979 at 8.00 a.m. while he was ploughing his plot (grove) No. 643, Ram Lal, Ratan Chandra, Rajendra Pal and Vinod Kumar came at the said plot of appellant, they exhorted, Rajendra had a revolver, Ratan Chandra had a rifle and Ram Lal and Vinod Kumar had country made pistols, and fired, which hit the appellant. After this the appellant in his self-defence fired from his revolver. It is alleged that since he was hospitalised and lodged the F.I.R. at 15.10 a.m. (sic).