Surendra Pal & Ors vs State Of U.P. & Anr

5. In all there were 11 accused sent up for trial before the learned Sessions Judge, the Sessions Court, however, acquitted five accused and found them not guilty of charges framed against them. Accused Rajneesh is absconding. Accused Aman Singh did not file any appeal. Hence, in this appeal, we are concerned with conviction and sentence of only the present appellants i.e. accused nos. 1 to 4.

6. The prosecution case in short is that an incident occurred on the intervening night of 24/25th May, 1999 at about 12 O' clock in Lalpur village, Police Station Bhawanpur, District Meerut. It is the case of the prosecution 5 that on that intervening night the appellants along with other accused and two unknown persons armed with country made pistols and rifle came to the village demanding Ajab Singh (one of the deceased) to enter into a compromise with regard to a case lodged by Ajab Singh complaining about his daughter's abduction on 5.11.1997 by Rajneesh and Vikram. The said case was pending in a court. Apart from that case, some other cases were also pending between the parties. Ajab Singh did not agree for the proposal and enraged by adamant attitude of Ajab Singh, the accused all of a sudden started indiscriminate firing from their weapons resulting in death of Ajab Singh, Hari Singh @ Hariya and Geeta. Raj Pal (PW-3), Veer Singh (PW-2) and Bala (PW-4) received injuries. The accused threatened Kripal (PW-1) to kill him but he saved himself by hiding in a room of his house. Aman Singh (A-5) threatened that nobody should go to the police station and lodge any complaint and if any one dares to do so would also be killed. Kripal Singh (PW-1) lodged the report in the early morning 6 at about 5.00 A.M in the Police Station which is at a distance of about 4 kms. from the scene of occurrence. After the registration of the first information report, Hukum Singh, SHO, recorded the statement of the informant at the police station and thereafter reached the place of occurrence. On his instructions Sub-Inspector - Sripal Singh (PW-13) prepared the inquest memos. Recovery memos of blood stained and plain earth, empty cartridges and bullets were also prepared. Site plan is exhibited as Ka-17. The statements of inquest witnesses were recorded. The statements of injured PWs -2, 3 and 4 were recorded at Lokpriya Hospital. Thereafter the investigation was taken up by Jai Dev Arya (PW-11) and upon completion of the investigation a charge sheet was filed against the appellants.

2. Gun shot wound of entry 1.5 cm x 1.5 cm on Lt. side forehead 3 cm above & lateral to outer border of Lt. eyebrow, margins inverted an area 4 cm x 4 cm of blackening and tattooing seen around wound. Wound is crania cavity deep. One bullet recovered from cranial cavity.

PW 3 is one Rajpal who is also an eyewitness to the occurrence. Ajab Singh was his nephew, he also speaks about origin of the case that ultimately led to the attack on the deceased and corroborates the version given by PWs 1 and 2 in all its respects.

PW 4 is Smt. Bala who is none other than the wife of deceased Ajab Singh. She was sleeping on the Chabutra on that fateful night along with her daughter Geetha and husband Ajab Singh. She speaks about the appellants' presence at the scene of offence and their insisting for a compromise in the abduction case. She specifically speaks about the appellants' participation in the crime and indiscriminate firing by the appellants resulting in death of her husband Ajab Singh, daughter Geetha and father-in-law Hari Singh. It is in her evidence that PW 2 Veer Singh, PW 3 21 Rajpal also received injures along with her at the hands of the accused.

15. No other point is urged.

16. For all the aforesaid reasons, we find no merit in this appeal. The appeal is accordingly dismissed.