- (1.) The aforesaid criminal appeal has been preferred by appellant Sanjay Thapa @ Dinesh Thapa against the judgment and order of conviction dated 04.12.2003 passed by the Additional Sessions Judge, Court No.6, Bijnor in Sessions Trial No.423 of 2000 arising out of Case Crime No.770 of 1999 under sections 302/34, 307/34 and 201 IPC, Police Station Najibabad, District Bijnor, whereby he has been sentenced to life imprisonment under section 302 read with Section 34 IPC coupled with fine Rs. 5,000/-, in case of default, additional imprisonment for one year. Further, five years rigorous imprisonment under section 307 read with Section 34 IPC coupled with fine Rs. 2,000/-, default in payment of fine stipulates six months' additional imprisonment and one year rigorous imprisonment under section 201 I.P.C. All sentences to run concurrently.
(2.) We have heard Smt. Archana Tyagi, learned counsel for the appellant and AGA Shri Saghir Ahmad assisted by Sri J.K. Upadhyay, Sri Hasan Abidi brief holders for the State and perused the records.
(3.) The prosecution story as unfolded in the first information report appears to be; that the first informant Vijay Singh Negi son of late Chandan Singh Negi resident of Devi Marg, Kotdwar, District Pauri, lodged written report at Police Station Najibabad, Bijnor on 22.10.1999 at 11.20 A.M. against the two accused persons Kulwant Singh @ Kattha and Sanjay Thapa @ Dinesh Thapa to the effect that first informant was going to attend court's proceeding at 10.20 a.m. in the court of Additional Chief Judicial Magistrate, Nagina by his Jeep No. U.P. 21A-6899. He was being accompanied by his friends Abhay Tripathi and Surendra Singh. He stopped his Jeep 3 km ahead of Nazibabad on Kotwali road in village Shravanpur near temple and was checking radiator, two persons Kulwant Singh @ Kattha and his friend Sanjay Thapa riding TVS Suzuki motor cycle, appeared on the scene of occurrence with whom first informant was acquainted on account of landed property dispute and they tried to give sword blow on his head with intention kill him. The first informant tried to ward off attack/blow by raising his hands as a result of which he sustained injuries on thumb of his right hand and on left side head. In order to save himself, he ran away towards Najibabad and his friend Surendra also ran away with him. But his companion Abhay Tripathi was killed by giving sword blow besides causing fire arm injuries by country made pistol. Thereafter, accused persons took away Jeep of first informant placed Abhay Tripathi inside the jeep took him near and threw him in the canal. When the first informant was running away he was threatened with life. Report be lodged and action be taken. This written report is Ext. Ka-1.;