LAWS(ALL)-2020-2-157

VIDYA SAGAR DWIVEDI Vs. STATE OF U.P.

Decided On February 25, 2020
VIDYA SAGAR DWIVEDI Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Sri V. P. Srivastava, learned Senior Advocate, assisted by Sri Vikas Tiwari learned Advocate for the appellant, Sri V. S. Parmar and Sri Hari Om Singh learned Advocates for the complainant and Sri L. D. Rajbhar and Sri Prem Shankar Mishra learned AGA for the State-respondents.

(2.) This criminal appeal has been preferred against the judgment and order dated 23.10.1997, passed by District and Sessions Judge, Hamirpur, in Sessions Trial No. 299 of 1994 ( State vs. Vidya Sagar Dwivedi ), arising out of Case Crime No. 126 of 1994, under Sections 302 / 504 IPC, Police Station Kotwali, District Hamirpur, whereby the accused-appellant has been convicted and sentenced to rigorous imprisonment for life under Section 302 IPC.

(3.) Brief facts of the case is that the incident took place on 8.6.1994 at about 10:00 PM in the night at Village Tikrauli, Police Station Kotwali, District Hamirpur near the house of Ram Vs. Das Pal. The informant Jagjsseet and Vs. . e accused-appellant Vidya Sagar Dwivedi are re Vs. Vs. s of that village. On the date of incident, there wa Vs. ilak Ceremony of Tula Ram (son of informant), Vs. rein his guests had come. His elder son namely Babu Rs.Vs. (deceased) went to invite the guesssts for dinner who were staying in the neighbor house of Ramdas Pal and Rambharose. The informant Jagjeet and his brother Raghuveer were sitting on the Chabutara in front of their house. There was light of petromax and electricity. When Babu Lal reached to the electric pole near the house of Ram Das Pal, accused Vidya Sagar Dwivedi came with his licensee double barrel gun and said to Babu Lal using abusive language that "have you gone mad as you have not invited us in the Tilak". Saying this, the accused-appellant Vidya Sagar Dwivedi fired on Babu Lal by his licensee double barrel gun in order to cause death of Babu Lal. The fire hit Babu Lal in his armpit and he fell down. Thereafter, the informant and his brother reached there and they challenged the accused, whereupon, he ran away. The condition of Babu Lal was serious and he was immediately taken to Government Hospital, Hamirpur by a tractor. In the hospital, Babu Lal was examined and he was referred to Halat Hospital, Kanpur and from Halat Hospital, Kanpur, the injured was referred to Lucknow. On 22.6.1994 at about 08:40 PM, Babu Lal died because of the injuries caused by the accused Vidya Sagar.