Decided on March 06,2012

MANOJ Appellant


- (1.) In this case, criminal law was set into motion on the complaint (Ext.Ka-1) dated 05.04.1995 of Manoj Kumar s/o Hem Chand Chaturvedi r/o Ahmadpur within the jurisdiction of P.S. Jwalapur, District Haridwar. Chik FIR (Ext.Ka-3) was lodged on 05.04.1991 at 9:25 p.m. at P.S. Jwalapur which was registered as crime no.115/91 under Section 302 IPC. Occurrence took place on 05.04.1991 at 6:30 p.m. The distance between place of occurrence and P.S. concerned was 9 k.m. and hence there appeared to be no delay in lodging FIR.
(2.) It was the son of deceased who initiated proceedings by filing complaint (Ext.Ka-1). Prosecution story was that on 05.04.1991 in the evening when informant along with his father were coming from the shop of Chandrabhan and he was approx. 10-15 paces behind his father, who when reached in front of house of Subey Singh, accused Subey Singh, Om Prakash, Baldhar and appellant Manoj came out of his house. Subey Singh and Baldhar caught hold of Hem Chand (victim). Om Prakash exhorted Manoj to kill him. Appellant Manoj s/o Subey Singh fired on victim with country made pistol. The bullet hit chest of victim. Victim fell on ground no sooner bullet hit him. On raising alarm co-villagers Atar Singh and Dharampal Singh came on the spot. Assailants ran away to their houses. Informant brought his father to Government Hospital, Haridwar in a conveyance only to be informed that his father was declared brought dead . A dispute of land was going on between the deceased and assailants. A scuffle had also taken place in the past.
(3.) Accused / appellant Manoj s/o Subey Singh was convicted by learned trial court for the offence punishable under Section 302 IPC after the conclusion of trial on 28.10.2002. He was sentenced to undergo imprisonment for life. He was also sentenced to pay a fine of Rs 3000/-, in default of which he was directed to undergo 3 months further imprisonment. Aggrieved against the impugned order dated 28.10.2002, appellant Manoj s/o Subey Singh preferred present appeal. Co- accused Baldhar, Subey Singh and Om Prakash were acquitted by learned trial court giving them benefit of doubt.;

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