VINOD GIRI Vs. STATE OF UP

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 10.1.2003, passed by the Additional Sessions Judge/Fast Track Court No. 3. Ghazipur, in S.T. No. 171 of 2001, State v. Vimal alias Vinod Giri and Ors. whereby after striking off the charges Under Sections 352, 504 and 506, all read with Section 149, I.P.C., the Appellants Vimal alias Vinod Giri, Rajesh Giri, Ramashray Giri, Santosh Giri and Ramayan Giri (hereinafter to be referred as accused) have been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000 each with default stipulation Under Section 302 read with Section 149, I.P.C. and ten years rigorous imprisonment and to pay a fine of Rs. 10,000 each with default stipulation Under Section 307 read with Section 149, I.P.C. in Case Crime No. 244 of 2001 of P.S. Nandganj, district Ghazipur. By the same judgment, the Appellant Santosh Giri and Ramashray Giri have been further convicted and sentenced to undergo rigorous imprisonment for two years Under Section 147, I.P.C. and the Appellants Vimal alias Vinod Giri, Ramayan Giri and Rajesh Giri have been further convicted and sentenced to undergo rigorous imprisonment for three years Under Section 148. All the sentences have been directed to run concurrently.

(2.) In a nutshell, the accused persons faced trial in the following backdrop:

(3.) The injured Amin and dead body of Anil were brought to P.S. Nand Ganj, where the complainant Vinod Giri handed over written report Ext. Ka-1, which was scribed by Shiv Prasad Giri. On the basis of this written report, the then constable moharrir Devi Prasad Dubey (P.W. 6) prepared chik F.I.R. Ext. Ka-5 and registered a case Under Sections 147, 148, 149, 302, 307, 504, 506 and 352, I.P.C. on 14.5.2001 at 3.30 p.m. and made entry in the G.D. Ext. Ka-6 at the same time.