LAKPAT AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS revision has been preferred against the Judgment and order dated 31.3.1986 passed by III Additional Sessions Judge, Bulandshahr in Criminal Appeal No. 176 of 1985 confirming the Judgment and order dated 28.9.1985 passed by the II Assistant Sessions Judge, Bulandshahr in S.T. No. 34 of 1985 convicting the accused revisionists under Sections 307 & 307/34 I.P.C. and sentencing Lakhpat to undergo four years rigorous imprisonment and pay a fine of Rs. 2000/ - with defaulting clause and sentencing Gajraj under section 307/34 Cr.P.C. to undergo three years rigorous imprisonment and pay a fine of Rs. 1,000/ - with defaulting clause. The revisionist No. 2 died during the revision, hence, proceeding against him were abated.

(2.) BRIEF facts of the case are that on 24.11.1983 at 7 p.m. the complainant Ramesh was sitting in his shop at Village Nagaria Udaibhan, Police Station Arnia District Bulandshahr and his wife was also present in the shop. Suddenly Gajraj Lakhpat, Ghamand Pal Singh and Mangaldeo Sharma came to the shop of the complainant and Gajraj shouted that there was occasion to kill Ramesh upon which Lakhpat fired from his gun at Ramesh, and Ghamand Pal Singh and Mangaldeo, who were armed with lathis, asserted to assault the witnesses, who had come in the gali. The fired shot hit Ramesh in his neck. The accused ran away when many persons came to the place of occurrence making hue and cry to save Ramesh. Some days before the occurrence, Surender Singh, the son of Gajraj Singh had murdered Veerpal Singh, the elder brother of the Ramesh and there was also an old enmity due to which the present incident had occurred.

(3.) THE charges were framed against the accused persons under Section 307 read with Section 34 I.P.C. The accused pleaded not guilty and claimed trial.