MUNUWA @ SATISH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These appeals challenge the judgment of the High Court of Judicature at Allahabad in Criminal Appeal Nos. 290 and 587 of 1981 dtd. 10/2/2010, confirming the conviction and sentence passed by the Sessions Judge, Bareilly in S.T. No. 402 of 1979 dtd. 31/1/1981. By the said judgment, the Sessions Judge, Bareilly convicted all the accused under Sec. 302 and Sec. 307, each read with Sec. 34 of the Indian Penal Code, 1860, and sentenced them to life imprisonment and rigorous imprisonment for a period of four years, respectively.

(2.) The Prosecution Case: The case of the prosecution is that, on 24/8/1979, around 6:30 p.m., Shri Iqbal Bahadur Saxena, Principal of the Chandra Shekhar Azad Inter-College, Giani, Uttar Pradesh(hereinafter referred to as the 'Deceased'.), since deceased was sitting with his family physician and private practitioner Dr. Asghar Ali(hereinafter referred to as 'PW-6'.) in the verandah outside his office, situated in the college campus. He sent his security guard Fazal Maseeh(hereinafter referred to as 'PW-1'.) to fetch an empty bottle of medicines from his residence, also within the college campus. As PW-1 was returning with the bottle, the three accused, Gullu @ Rajesh (A-1), Vimal Kumar @ Chunnoo (A-2), and Munuwa @ Satish (A-3), are alleged to have entered the verandah from the south, fired gunshots at the Deceased as well as at PW-6, and fled towards the north of the building. PW-6 went to his dispensary located nearby and sought the help of Mahendra Kumar, a compounder at his dispensary, to bring the Deceased who had become unconscious, to the dispensary on a cot for administering first-aid. After that, the Deceased was put on a bullock cart along with the cot to proceed to Police Station Aliganj. PW-6 is supposed to have followed on another bullock cart.

(3.) Upon reaching the Police Station, the Deceased lodged an FIR at 8:30 p.m. for offence under Sec. 307 of the IPC, a translated version of which reads as follows: -