Decided on December 18,2013

PAPPAL Appellant


- (1.) All the above-titled three appeals are being adjudicated together, since they have arisen out of a common verdict dated 20.10.2011 rendered by learned Additional Sessions Judge, Haridwar in Sessions Trial No.107 of 2002, 'State Vs. Yashveer and Pappal' nay Sessions Trial No.147 of 2002, 'State Vs. Yashveer'. Sessions Trial No.107 of 2002 pertains to crime no.39 of 2002 under sections 302/34 of the Indian Penal Code (for short the 'I.P.C.') whereas Sessions Trial No.147 of 2002 relates to crime no.48 of 2002 under section 25 of the Arms Act. Appellants Yashveer and Pappal were charge-sheeted by the police of Station Jwalapur under sections 302/34 IPC whereas a separate chargesheeet, u/s 25 of the Arms Act, was submitted against the appellant Yashveer by the selfsame police station. After conclusion of trials, both the appellants were convicted by the Court below for the offences wherefor they were charged. They have appropriately been sentenced too.
(2.) The first information report was lodged by PW1 Dayalu, who is the real brother of deceased Rajendra. The incident took place on 16.01.2002 at about 8:15 P.M. in the village Daulatpur, District Haridwar, and the place of incident was almost 14 kilometers away from the police station. The report (Ex.Ka-1) could be lodged on 17.01.2002 at 00:35 hours. Chick report thereof is Ex.Ka-3.
(3.) As per the prosecution story, around 5-6 years ago, deceased Rajendra had enticed away one Ms. Phoolwati W/o Ziraj Harizan, but that matter was subsided on intervention of the villagers. On the fateful day of 16.01.2002, when Rajendra was closing his grocery shop at about 8:15 PM, appellant Pappal S/o Ramesh, in order to take revenge, exhorted co-appellant Yashveer S/o Ziraj Harizan to shoot Rajendra. On being so exhorted, Yashveer, who was having a pistol, opened the fire upon Rajendra which made him mortally wounded. This incident was witnessed by a number of villagers. The assailants then fled from the spot. Injured Rajendra was then shifted by his sons Phony and Jonny, along with other villagers, to the government hospital, Haridwar for treatment, where he breathed his last.;

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