LAWS(ALL)-2010-2-319

MAHABIR Vs. STATE OF U.P.

Decided On February 10, 2010
MAHABIR Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 28.1.1983 passed by the Sessions Judge, Banda in S.T. No. 235 of 1982 (State v. Mahabir and 2 Ors.) under Sections and IPC relating to Police Station Kotwali, District Banda whereby convicting the appellant accused Mahabir under Sections and IPC and sentencing him to undergo imprisonment for life under Section IPC and five years RI under Section IPC with direction that the sentences shall run concurrently.

(2.) PROSECUTION case, in nutshell, is that on 20.3.1982 at about 12.00 in noon, Chhatrapal, his brother Chhota, brother -in -law (Sala) Chhabilal and wife of Chhota were working in Khalihan in village Dadariya Har within circle of Police Station Kotwali Banda. After finishing work Chhota and his brother -in -law when intended to return back home accused Mahabir, Mangali and Ram Bhajan, who were seen standing on the roof of house of Mahabir, on exhortation given by Mangali and Ram Bhajan, Mahabir fired shot with his SBBL gun which hit Chhota and Chhabilal present in ''Khalihan''. Chhota after receiving fire shot injury died then and there and Chhabilal received fire arm injuries. Motive has also been alleged which relates to dispute dated 18.3.1982 i.e. two days prior to the occurrence.

(3.) S .S.I. S.C. Vidyarthi (PW -8) took the investigation. He visited the spot with S.I. Ram Swaroop (PW -5). On direction of Investigating Officer S.I. Ram Swaroop conducted investigation on dead body of Chhotey and prepared inquest report (Ex. Ka -3) along with relative documents (Ex. Ka -4 to 7). The dead body was handed over to Constable Ayodhya Singh (PW -6) and village Chaukidar Chaudharia for autopsy.