SANJAY Vs. STATE OF UTTAR PRADESH
LAWS(SC)-2016-1-14
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on January 06,2016

SANJAY Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) Leave granted in both the special leave petitions.
(2.) These criminal appeals have been filed assailing the impugned judgment dated 30.08.2012 passed by the High Court of Judicature at Allahabad dismissing the criminal appeals No.2188/2007 and 2561/2007 upholding the conviction of the appellant Narendra for offences under Sections 302, 307 read with Section 34 IPC and Section 452 IPC and also the sentence of life imprisonment, ten years imprisonment with fine of Rs.5,000/- and three years imprisonment with fine of Rs.1,000/- respectively. The High Court also confirmed the conviction of the appellant Sanjay under Section 302 read with Section 34 IPC, Section 307 read with Section 34 IPC and Section 452 IPC and sentence of life imprisonment, ten years imprisonment with a fine of Rs.5,000/- and three years imprisonment with a fine of Rs.1,000/- respectively.
(3.) Case of the prosecution is that appellant-Sanjay is the brother of deceased Roop Singh. According to PW-2 Sheela wife of Roop Singh, after selling his land to Narendra, Sanjay was insisting his brother Roop Singh to sell his land to Narendra for which Roop Singh refused, due to which appellant-Sanjay is said to have developed enmity towards Roop Singh. On the intervening night of 10/11.08.1998 at 3.00 a.m., Roop Singh and his wife Sheela were sleeping in their chowk and a lantern was lit in the house. Appellants Narendra and Sanjay along with another person armed with tamancha (pistol) came to the house of Roop Singh. Appellant-Narendra fired multiple bullets at Roop Singh and Roop Singh sustained bullet injury in his head. Sanjay fired at PW-2 Sheela and she sustained bullet injuries at neck, abdomen and her right leg. Hearing sounds of bullets, the complainant-Partap Singh and one Ompal and several other persons rushed to the spot and on seeing them, the appellants Narendra, Sanjay and the third assailant fled away from the scene. On the basis of the complaint lodged by Partap Singh at Police Station Sardhana, Meerut, case was registered in Crime No. 387/1998 for offences under Sections 307 and 452 IPC. Injured victims were sent to Primary Health Centre, Sardhana, Meerut for treatment. Roop Singh (deceased) was admitted at Safdarjung Hospital, Delhi and after treatment, Roop Singh was discharged from the hospital on 25.09.1998. Subsequently, Roop Singh developed complications, Roop Singh was taken for check up to Delhi and Roop Singh died on 13.10.1998. Ram Pal gave written information about the death of injured Roop Singh to the police and Section 302 IPC was added to the FIR. After completion of investigation, chargesheet was filed against the appellants for offences under Sections 302, 307 and 452 IPC.;


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