CHUNNU AND ORS Vs. STATE OF U.P.

JUDGEMENT

(1.) These appeals are preferred to question correctness of judgment and order dated 08.12.1983 passed by Sessions Judge, Banda in Sessions Trial No. 28 of 1983. The trial court has convicted the accused appellants Chunnu, Shyam and Ramraj under Section 302 IPC and; accused Badri under Section 302 read with Section 34 IPC. All accused have been sentenced to undergo life imprisonment. By the same judgment and order, the accused appellant Shyam has been convicted under Section 307 IPC and accused appellant Chunnu, Ramraj and Badri convicted under Section 307/34 IPC and sentenced to undergo five years rigorous imprisonment. Accused Shyam is also convicted under Section 429 IPC and sentenced to undergo two years rigorous imprisonment and accused appellant Badri further convicted under Section 404 IPC and sentenced to undergo two years rigorous imprisonment. All the sentences have been directed to run concurrently.

(2.) Briefly, the prosecution case, as set out in the first information report is that, Basudeo Prasad (P.W.-1) submitted a written report (Ext Ka-1) at Kotwali Banda on 01.06.1982 at 11.30 A.M. disclosing, he returned to his native village Chahatarain from Banda, that morning. At that time he had been carrying his licenced rifle and certain household items. His brother Ram Kripal (since deceased) and Satya Narain (P.W.-6) son of Churaman of his village, met him at the cattle-shed (maveshi khana). They relieved him. While Ram Kripal carried the rifle and cartridges bag, Satya Narain carrried the bag containing household items. They then headed to the informant's home. At about 09.30 AM, just as they reached the front of the house of one Ranjeet, the accused Shyam and Ramraj armed with rifles and Chunnu armed with a country made gun, came out along with Badri from Bhagirath's house. At the exhortation of Badri, Shyam and Ramraj fired at Ram Kripal who fell down. He (informant) and Satya Narain ran towards their houses. Shyam and Chunnu both fired at them. Those shots missed them (informant and Satya Narain). However, one shot hit a bull tied at the door of Sipahi Lal. The bull died. He further asserted that his brother Ram Kripal succumbed to his injuries on the spot. Upon raising of alarm, Rudra Pratap (PW-2) and Babu Lal (PW-3) and other people from neighbourhood came and witnessed the incident. On being challenged, accused persons ran away with the informant's rifle and bag containing cartridges, that was being carried by Ram Kripal. The dead body of Ram Kripal was then carried to and kept at the informant's house.

(3.) The first information report was lodged at police station Kotwali, Banda on 01.06.1982 at 11.30 AM registered as case crime no. 382 of 1982 under Sections 302, 307, 404, 429 IPC.