CHANDRA BHAN Vs. STATE

JUDGEMENT

(1.) The two appellants were put on trial by the learned IV Additional Sessions Judge, Aligarh by being indicated under Sections 148/302/149 IPC in S.T.No.309 of 1980 and by judgment dated 23.4.1982 the appellants were found guilty of committing the two offences. After being heard under Section 235 Cr.P.C., each of the two appellants were directed to suffer rigorous imprisonment for three years under Section 148 IPC and rigorous imprisonment for life under Sections 302/149 IPC.

(2.) The appellants have come up before this Court through this appeal to challenge the judgment of conviction and order of sentence passed by the learned trial Judge.

(3.) The prosecution case is contained in the written report Ext. Ka.2 filed by PW-1 Chhatrapal, who happened to be the grand father of the deceased Ashok. It was stated that the informant along with his daughter-in-law Smt.Ramwati(PW-2),who was the wife of his deceased son Prem Pal and mother of the deceased Ashok, were going to their tubewell. The grandson of PW-1 had also set out with PW-1 and his mother(PW-2)towards west where a pond was situated for attending to the call of nature. When the informant was on the road situated south of the tubewell of one Netra Pal,he heard the shouts of his grandson Ashok and stopped there to look towards the pond and found that the deceased Ashok was coming running by the ridge of the field of the said Netra Pal and was being followed by five persons, out of whom four persons were armed with regular guns and the fifth had a country made gun. They were simultaneously firing shots at the deceased Ashok, who was fleeing for life.