PREMPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Manish Tiwary, Senior Advocate, assisted by Sri Atharv Dixit, for the appellants and Sri Om Prakash, A.G.A., for State of U.P.

(2.) Prempal, Jagpal, Raj Kumar and Krishna Kumar Sharma have filed Criminal Appeal No. 7177 of 2011 and Anand Sharma has filed Criminal Appeal No. 7272 of 2011 from their conviction and sentence passed by Additional Session's Judge, Court No. 13, Moradabad, dated 05.12.2011, in S.T. No. 593 of 2001, State vs. Prempal and others, [arising out of Case Crime No. 278 of 2001], under Section 147, 148, 149, 302 of Indian Penal Code, 1860 (hereinafter referred to as the 'IPC'), Case Crime No. 337 of 2001, against Raj Kumar, under Section 25 of Arms Act, 1959, Case Crime No. 338 of 2001, against Anand Sharma, under Section 25 of Arms Act, 1959, Case Crime No. 428 of 2001, against Jagpal, under Section 25 of Arms Act, 1959 and Case Crime No. 429 of 2001, against Prempal, under Section 25 of Arms Act, 1959, police station Katghar, district Moradabad, convicting and sentencing them, for two years rigorous imprisonment under Section 148 IPC, imprisonment for life and fine of Rs. 10000/- each, under Section 302 read with Section 149 IPC and two years imprisonment and fine of Rs. 2000/- each, under Section 25 of Arms Act, 1959, to Prempal, Jagpal, Anand Sharma and Raj Kumar, with default stipulation.

(3.) On the written complaint (Ex-Ka-1) of Brijpal Singh (PW-1), FIR (Ex-Ka-27) of Case Crime No. 278 of 2001 was registered under Section 147, 148, 149, 302 IPC, at P.S. Katghar, district Moradabad on 14.03.2001 at 12:15 hours, by Head Constable Kiran Pal (PW-5), against Satyapal Singh, Jagpal, Prempal, Raj Kumar, Anand Sharma and Krishna Kumar Sharma. On the basis of recovery memo (Ex-Ka-21), Case Crime No. 337 of 2001, against Raj Kumar and Case Crime No. 338 of 2001, against Anand Sharma, under Section 25 of Arms Act, 1959, were registered on 30.03.2001 at 12:45 PM. On the basis of recovery memo (Ex-Ka-22), Case Crime No. 428 of 2001, against Jagpal and Case Crime No. 429 of 2001, against Prempal, under Section 25 of Arms Act, 1959, were registered on 14.04.2001 at 13:45 PM, by HC Rajbali Singh (PW-5) at police station Katghar. It has been stated in the FIR that Rampal Singh, the elder brother of the informant had been Pradhan of village Beejna, for last 20 years. In last election, Satyapal Singh son of Mardan Singh was elected as Pradhan, committing malpractice. He always used to threaten to kill his brother. Anand Sharma and Krishna Kumar Sharma of his village used to take side of Satyapal Singh, due to old enmity with his brother. On 14.03.2001 at about 11:00 AM, his brother Rampal Singh was going towards village Beejna from his house at Govind Nagar, on his motorcycle along with the informant. Shiv Kumar Singh son of Yadram Singh, resident of Shivpuri and Narayan Singh son of Kadde Singh, resident of Govind Nagar, were coming on their motorcycle behind them from the city side. His brother alighted him from the motorcycle, to cross the railway line. As soon as his brother crossed the railway line, then Satyapal Singh, Jagpal Singh and Prempal Singh, sons of Mardan Singh, who were riding on a motorcycle, alighted in his front and Raj Kumar son of Mardan Singh, Anand Sharma son of Shiv Charan Lal Sharma and Krishna Kumar Sharma son of Janki Prasad, who were standing nearby, did firing from the pistols in their hands, due to which, his brother died on the spot. All the accused were resident of his village Beejna. This incident was seen by the witnesses Shiv Kumar and Narayan Singh and many other persons, who had come on the spot listening the sound of fire and his shouts. After committing murder of his brother, the accused fled away by the side of railway line, towards west, along with the motorcycle. The dead body of his brother was lying on the spot. After lodging report, legal action be taken against the accused.