- (1.) THIS appeal has been preferred against the judgment of conviction dated 1.2.2007 and order of sentence dated 2.2.2007 passed by Additional Sessions Judge of Court No. -13/ FTC No. 4, Mathura in ST No. 182 of 2005, State vs. Vijendra, case crime no. 109 of 2004, section 302 IPC, and ST No. 183 of 2005, State Vs. Vijendra, case crime no. 110/2004, section 25 of Arms Act, and ST No. 375 of 2005, State Vs. Subhash, case crime no. 109 of 2004, section 302 IPC, and ST No. 426 of 2005, State Vs. Subhash, case crime no. 71 of 2005 under section 25 of Arms Act relating to police station Math, district Mathura.
(2.) ALL the four sessions trial related to same incident. Therefore, joint trial was carried in the Sessions Court in which leading case was ST NO.182 of 2005.
(3.) PROSECUTION case is that complainant witnesses and accused are relatives. Kare Singh, Shiv Ram Singh, Babu Singh were sons of Phool Chand. Kare Singh has three sons namely Dhanpal, Resham Singh (Complainant), and Bhagwan Singh (deceased). Ram Prakash (PW -2) is son of Dhanpal. Km. Poonam is daughter of deceased Bhagwan Singh. Babu Singh son of Phool Chand had three sons namely Vijendra (accused), Veer Pal and Jagdish. Subhash (co -accused) is son of Vijendra. This relation is admitted in this case by appellant and respondents' side. The prosecution case in brief is that complainant's brother Bhagwan Singh and accused Subhash son of Vijendra had some dispute over land relating to Phool Chand, and Subhash has threatened Bhagwan Singh on 17.12.2004. Complainant Resham Singh was coming with his brother Bhagwan Singh, nephew Ram Prakash and niece Km. Poonam from village Ghadi Mansukh at about 5.00 p.m. in the evening after enjoying a feast. When they reached near a pond (Pokhar) of village Nagla Hardayal, Khan Jawara then on pitch road, Subhash and Vijendra met and stopped Bhagwan Singh and started talks. Suddenly Subhash and Vijendra had taken out country -made pistols and fired on Bhagwan Singh. Bhagwan Singh after being hit by fire fell there. After hearing the sound of fire shot and the alarm raised by complainant many people of the village gathered there, then Subhash and Vijendra ran towards jungle. This incident was witnessed by complainant Ram Prakash and Km. Poonam. When Bhagwan Singh was being carried on tractor -trolley, he succumbed to his injuries received from fire shots. Then complainant went to police station on tractor -trolley alongwith dead body of his brother, where he gave written report (Ex Ka -1) on the basis of which a chick report (Ex Ka -3) was prepared and case crime no. 109 of 2004 under section 307/302 IPC was registered at Police Station Math, district Mathura against accused Subhash and Vijendra. During investigation on 18.4.2004, S.O. Balbir Singh Gaur (I.O. of the case) and other police personnel had received information about accused Vijendra Singh and nabbed him at Bhadravan Gang Nahar Branch, within the territory of village Nagala Ghure, and from his personal search they have recovered country -made pistol of 315 bore alongwith 1 cartridge. On the basis of this recovery case crime no. 110 of 2004 under section 25 Arms Act was registered against Vijendra Singh (accused). During investigation on 26.5.2005, S.O. Naresh Kumar alongwith a S.I. Mange Ram and other police personnel have nabbed accused Subhash at Vrindavan Tiraha and on his information recovered one country -made pistol of 315 bore, on the basis of which case crime no. 71 of 2005 under section 25 of Arms Act was registered against Subhash (accused). Two recoveries of country -made pistols from accused Vijendra Singh and Subhash related to, according to prosecution case, for murder of Bhagwan Singh. After investigation, the I.O. Blabir Singh Gaur (PW -8) has submitted charge sheet on basis of which four sessions trials had started.;