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Hon'ble Raj Beer Singh, J.

Per: Pritinker Diwaker, J.

(19.10.2019) This appeal arises out of impugned judgment and order dated 10.2.1987 passed by the Sessions Judge, Mathura in Sessions Trial No.283 of 1985, convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life.

2. As per prosecution case, on 5.7.1985 at 7:00 pm, accused appellant Parto along with three other accused persons namely, Biri Singh, Radhey Shyam and Jaggo reached near the well, where deceased Soran Singh, after taking his bath, was sitting on a platform. It is said that the accused appellant was carrying gun; accused Biri Singh was having a country made pistol; and accused Radhey Shyam and Jaggo were having gun with them. After reaching to the place of occurrence, accused Biri Singh exhorted by saying 'kill him, as he contests lot of cases'. Accused Radhey Shyam and Jaggo caught hold the deceased and then the appellant caused gunshot injury to the deceased, as a result of which the deceased fell down. Hue and cry was raised by the witnesses, including (PW-1) Bhura, (PW-2) Gumani and (PW-6) Raman and an attempt was also made by them to catch hold the accused persons, but as the accused persons were having weapons with them, they fled away from the spot. When injured Soran Singh was being shifted to the Hospital, on the way he expired. On the basis of written report Ex.Ka.1 lodged by (PW-1) Bhura (brother of the deceased) FIR Ex.Ka.10 was registered at 10:00 pm on 5.7.1985 against four accused persons, including the appellant under Section 302 of IPC.

9. (PW-1) Bhura, is a brother of the deceased and the informant. He is also an eye-witness to the occurrence. He has stated that he knew all the accused persons and there is an old dispute between his family and that of accused Parto/Parma and Biri. On the date of incident, after taking bath, deceased Soran was sitting on a platform and he (this witness) along with some other persons were also taking bath. Brother-in-law of the deceased, namely Dharmo (Raman-PW-6) also reached to the place of occurrence and then all the accused persons reached there carrying firearms with them. Accused appellant was having gun with him; accused Jaggo and Sita Ram caught hold the deceased and thereafter, accused Biri exhorted that 'the deceased has become chronic litigant and, therefore, be killed' and hearing this, accused appellant caused gunshot injuries to the deceased. He has clarified that Sita Ram and Radhey Shyam are the same person and on account of fear, none of the witnesses could come forward. He picked-up his brother, took him on a bullock cart and on the way to police station, they could get tractor of one Sonahari, however, by the time, injured was shifted in the tractor, he expired.

In the cross-examination, this witness remained very firm and reiterated as to the manner in which the incident occurred.

10. (PW-2) Gumani, is another brother of the deceased and also an eye witness to the occurrence. His statement is almost identical to that of (PW-1) Bhura. He too has stated that after taking bath, the deceased was sitting on a platform, whereas he and other witnesses were also taking bath on the well. The accused persons, including the appellant reached at the place of occurrence, accused Jaggo and Radhey Shyam caught hold the deceased and then accused Biri exhorted that 'the deceased is contesting number of cases and, therefore, he be killed' and then, the appellant caused firearm injuries to the deceased.