ARVIND KUMAR MISHRA-I,J. - (1.) Heard Sri Ambrish Kumar, learned counsel for the appellant, Sri Sagir Ahmad, Sri J.K. Upadhyay and Ms. Manju Thathur, learned AGAs for the State and perused the record.
(2.) The present criminal appeal has been preferred by the appellant Gabadoo @ Laljit Singh against the judgment and order dated 06.11.2006 passed by I-Additional Sessions Judge, Kannauj, in Sessions Trial No.205 of 2005 (State Vs. Gabadoo @ Laljit) arising out of Case Crime No.315 of 2005 under Section 302 IPC, Police Station Gursahaiganj, District Kannauj whereby he has been convicted under Section 302 IPC and sentenced to life imprisonment.
(3.) Facts of this appeal as unfolded in the first information report appear to be; that first informant Suresh Singh resident of Village Rudauli, Police Station Kannauj, lodged the first information report at Police Station Gursahaiganj, on 30.04.2005 at 20:05 hours to the effect that his son Samar Singh had gone to purchase some articles on bicycle from market of village Bhawanipur on 30.04.2005. When he was returning from market around 5:00 p.m. on bicycle, he was being followed at some distance by Amar Singh son of Vijay Bahadur Singh and Brij Bhan Singh son of Ram Autar. Certain cemented pipes were lying on the road at some place 1 kilometer away to the southern side of village Bhawanipur where the appellant was lying in ambush. He came out of the aforesaid pipe and hurled bomb upon Samar Singh as a result of which Samar Singh fell down from his bicycle and the appellant came close to him and fired from close range on the back of his neck due to which Samar Singh died on the spot. Because of explosion of bomb, Amar Singh, and the another co-villager who was also following the deceased sustained injuries. The motive for committing crime has been suggested to be old enmity between families of the deceased and the appellant. The appellant after committing the murder fled away towards village Badlepurwa. The incident was witnessed by Amar Singh and Brij Bhan Singh. They could not catch the appellant because of fear of weapon which the appellant was possessing. The dead body was lying on the spot. Report be lodged and action be taken.;