Per: U.C. Dhyani, J.

An FIR was lodged with Police Outpost, Gowardhanpur, P.S. Manglore, District Haridwar on 05.01.2003 (Ext.Ka-7) at the instance of Harnand s/o Dalpath, Village Chandrapuri Khurd, Haridwar as regards offences punishable under Section 302 / 34 IPC. The said FIR implicated Rampal s/o Kala, Daleep s/o Seeta, Brijendra s/o Chatru and Mannu s/o Kala. An FIR was also instituted against Mannu s/o Kalu in relation to the offences punishable under Section 25 Arms Act on 24.01.2003

2. The prosecution allegations as contained in FIR were that on 05.01.2003 while the informant Harnand s/o Dalpath, his sons Vedpal and Laxmi Chand, Jabhra s/o Nathey were present at their home, Daleep s/o Seeta and Brijendra s/o Chatru came to their house and asked Laxmi Chand that they will settle the dispute of land going on between him (Laxmi Chand) and Mannu/Rampal. He informed that the villagers were about to come for panchayat. Believing them to be true, Laxmi Chand followed them. Informant Harnand and his another son Vedpal along with Jhabar Singh also followed them. As soon as they reached the house of Mannu and Rampal, Daleep and Brijendra told Mannu to settle the dispute of Laxmi Chand. Accused persons caught hold of Laxmi Chand. Mannu took out a country made pistol and fired upon Laxmi Chand at his back. Informant and others tried to save Laxmi Chand but the assailants fled away. The incident took place at 1:00 p.m. The FIR was lodged on the same day at 2:20 p.m. The distance between the place of occurrence and police outpost was 12 Kms and hence there appeared to be no delay in lodging FIR (Ext.Ka-11).

3. After investigation of the case, charge sheet was submitted against accused persons for the offence punishable under Section 302 IPC read with Section 34 IPC. When the trial began, charge for the said offence punishable under Section 302 IPC was framed against the accused persons who pleaded not guilty and claimed trial. Accused Mannu was charged for the offence punishable under Section 25 Arms Act also. Prosecution examined as many as eleven witnesses. Statement of accused persons under Section 313 Cr.P.C. were taken. No witness was examined in defense. After hearing the parties learned trial court pronounced judgment on 26.03.2007. Accused persons Rampal, Daleep and Atru were exonerated of the charge framed against them by learned trial court. Accused / appellant Mannu was convicted of the offence punishable under Section 302 IPC and Section 25 Arms Act. He was awarded imprisonment for life and was also sentenced to pay a fine of Rs. 5000/- as regards offence punishable under section 302 IPC. He was awarded two years rigorous imprisonment and a fine of ‘500/- in relation to the offence punishable under section 25 Arms Act. Feeling aggrieved against the order of conviction and sentence, Mannu preferred this Appeal. Feeling aggrieved against the order of acquittal of Rampal, Daleep and Atru, State filed Government Appeal. Both the Criminal Appeal and Government Appeal are being decided together by this common judgment and order for the sake of brevity and convenience.

4. PW1 Vedpal said before the trial court that on 05.01.2003 at 1:00 p.m. when he along with his brother Laxmi Chand and his father Harnand were present at their residence, Daleep and Atru came to them and called Laxmi Chand. He said that there was a dispute of land between Laxmi Chand and Mannu, let the same be decided in panchayat. Laxmi Chand accompanied Daleep and Atru. Mannu and Rampal met them on their way to panchayat. PW1 Vedpal, Jhabar Singh (his cousin) and his father Harnand followed them to some distance. When Daleep, Atru and Laxmi Chand reached near the residence of Mannu, then Mannu showed country made pistol to Laxmi Chand. Laxmi Chand started running back. Appellant Mannu fired upon Laxmi Chand, which hit him on his back. All the four accused (Atru, Daleep, Mannu and Rampal) fled away from the spot after firing.