RADHEY SHYAM DIXIT Vs. STATE OF UP

JUDGEMENT

(1.) The instant appeal arises from judgment and order of conviction dated 17.10.2008 passed by the Sessions Judge, Court No. 1, Azamgarh in Session Trial No. 386 of 1993 - State v. Raghunath Dixit and others.

(2.) The prosecution case as unfolded in the F.I.R. is that first informant is first cousin of Sabhakar Tripathi and there is ongoing enmity between the accused and Sabhakar Tripathi, a number of litigation is going on. The deceased used to help Sabhakar Tripathi and as a consequence incurred grudge from Raghunath Dixit, his sons Om Prakash and Radhey Shyam as well as one Mukhram Pandey. On 26.4.1990 Bechu Pandey was sleeping at his door after taking dinner. According to the narration of the F.I.R., the complainant claims to have been sleeping near him. All the four accused named in the F.I.R. namely Raghunath Dixit, Om Prakash Dixit, Radhey Shyam Dixit and Mukhram Pandey came there. Radhey Shyam was armed with Katta and remaining accused had lathi and spear. The appellant is alleged to have fired shot. Hue and cry was raised by the first informant and his brother Vijay Prakash. On hearing shots, Gauri Shankar Pandey son of Buddhu Pandey, Sabhakar Tripathi, Vinod Shankar and others came along with a torch. The accused were chased but they were able to make good their escape.

(3.) The prosecution examined three witnesses of fact namely Subhash Pandey PW-1 complainant, Sabhakar Tripathi PW-2, scribe of report, and Gauri Shankar Pandey PW-3. Formal witnesses are PW-4 Rakesh Kumar Singh, Gama Yadav PW-5 who proved chik F.I.R., Ram Dulare Yadav PW-6 proved handwriting of Dr. T.K. Jha who performed post mortem on the body of the deceased and Mukteshwar Singh PW-7. Investigating Officer Ram Mohan Singh has not been examined. One witness has been produced in defence as DW-1 Shridhar Pandey.