NEPAL Vs. STATE
LAWS(ALL)-2018-10-173
HIGH COURT OF ALLAHABAD
Decided on
October 05,2018
NEPAL
Appellant
VERSUS
STATE
Respondents
Referred Judgements :-
MANIRAM V. STATE OF U.P. [REFERRED TO]BHAGIRATH V. STATE OF HARYANA [REFERRED TO]
DALIP SINGH VS. STATE OF PUNJAB [REFERRED TO]
ATLEY VS. STATE OF UTTAR PRADESH [REFERRED TO]
PIARA SINGH VS. STATE OF PUNJAB [REFERRED TO]
HARI OBULA REDDY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
SOLANKI CHIMANBHAI UKABHAI VS. STATE OF GUJARAT [REFERRED TO]
RAMMI VS. STATE OF MADHYA PRADESH [REFERRED TO]
LEELA RAM VS. STATE OF HARYANA [REFERRED TO]
BALRAM SINGH VS. STATE OF PUNJAB [REFERRED TO]
S SUDERSHAN REDDY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
STATE OF U P VS. DINESH [REFERRED TO]
STATE OF U P VS. HARI CHAND [REFERRED TO]
ABDUL SAYEED VS. STATE OF MADHYA PRADESH [REFERRED TO]
SHYAMAL GHOSH VS. STATE OF WEST BENGAL [REFERRED TO]
BIRENDRA DAS VS. STATE OF ASSAM [REFERRED TO]
MRITUNJOY BISWAS VS. PRANAB [REFERRED TO]
ASHOK RAI VS. STATE OF U.P. [REFERRED TO]
NAND KUMAR VS. STATE OF CHHATTISGARH [REFERRED TO]
INDER SINGH VS. STATE OF RAJASTHAN [REFERRED TO]
KAMTA YADAV & ORS. VS. STATE OF BIHAR [REFERRED TO]
JUDGEMENT
Pradeep Kumar Singh Baghel, J. -
(1.)This appeal under Sec. 374(2) Crimial P.C., 1973 has been preferred by the three appellants, Nepal, Puttu Lal and Shyam Lal against the judgment and order dated 24.12.1988 passed by Addl. Sessions Judge (Spl. Judge), Bareilly in Session Trial No. 1 of 1986, who has found them guilty and convicted for the commission of offence under Sec. 302 read with Sec. 34 I.P.C. and sentenced to imprisonment for life.
(2.)In brief, the prosecution case is that on 13.8.1985 PW1 Smt. Urmila Devi was sleeping in her courtyard with her husband and two young daughters, Pinki and Meera. At 11 p.m. in the night Nepal, appellant no. 1, Puttu, appellant no. 2 and Shyam Lal, appellant no. 3 entered into her house. Shyam Lal and Nepal were armed with country made pistols and Puttu had a lathi. When appellants came in the house, the domestic dog of the family started barking. The PW1 and her daughters woke up. She saw that Nepal and Puttu were standing near her and her children. They threatened them not to sound any alarm.
(3.)Shyam Lal alias Shyamu was standing near her husband and on the exhortation of Nepal, Shyamu fired at her husband from close range. Her husband sustained serious injuries. When they raised an alarm her neighbour Amar Singh, Devendra Pal and Dharampal came with their torches. The assailants fled away from the spot. She has deposed that her deceased husband immediately after the incident had disclosed the names of the assailants. He had recognised them. It was stated that the complainant took her husband for his treatment on a tractor but he died on his way to hospital. His body was, therefore, kept in Faridpur Hospital. She has stated that assailants were nourishing grudges against her husband due to long standing enmity. Upon the said complaint the first information report was registered at 12:20 in the night. PW2 Devendra Pal Singh is the scribe of the F.I.R.
(2.)In brief, the prosecution case is that on 13.8.1985 PW1 Smt. Urmila Devi was sleeping in her courtyard with her husband and two young daughters, Pinki and Meera. At 11 p.m. in the night Nepal, appellant no. 1, Puttu, appellant no. 2 and Shyam Lal, appellant no. 3 entered into her house. Shyam Lal and Nepal were armed with country made pistols and Puttu had a lathi. When appellants came in the house, the domestic dog of the family started barking. The PW1 and her daughters woke up. She saw that Nepal and Puttu were standing near her and her children. They threatened them not to sound any alarm.
(3.)Shyam Lal alias Shyamu was standing near her husband and on the exhortation of Nepal, Shyamu fired at her husband from close range. Her husband sustained serious injuries. When they raised an alarm her neighbour Amar Singh, Devendra Pal and Dharampal came with their torches. The assailants fled away from the spot. She has deposed that her deceased husband immediately after the incident had disclosed the names of the assailants. He had recognised them. It was stated that the complainant took her husband for his treatment on a tractor but he died on his way to hospital. His body was, therefore, kept in Faridpur Hospital. She has stated that assailants were nourishing grudges against her husband due to long standing enmity. Upon the said complaint the first information report was registered at 12:20 in the night. PW2 Devendra Pal Singh is the scribe of the F.I.R.
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