KANT PANDEY Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal assails the judgment and order dated 26.05.2000 passed by the IVth Additional District & Sessions Judge, Mirzapur in Sessions Trial No. 66 of 1997 by which the appellants Sri Kant Pandey (A1); Ram Kant Pandey (A2); and Amar Jeet Pandey alias Babboo (A3) have all been convicted under sections 302 read with Section 34 I.P.C. and sentenced to undergo imprisonment for life and fine of Rs. 5,000/- each with default sentence of six months rigorous imprisonment.

(2.) The prosecution case as per the first information report (FIR) (Ex. Ka-1), which was lodged on 29.01.1997 at 9:30 am at P.S. Kotwali Dehat, District Mirzapur by Manoj Kumar Pandey (P.W.1), is to the effect that in the morning of 29.01.1997, at about 8 am, while the deceased (Vijay Shyam Pandey), the uncle of P.W.1, was sitting with P.W.1 near the fireplace to ward off winter chill, the accused Sri Kant Pandey (A1); Rama Kant Pandey (A2); and Amar Jeet Pandey (A3) came with spear (Ballam) in their hands shouting and exhorting each other to finish off the deceased Vijay Shyam Pandey as he had been doing pairvi (pursuing of cases) in pending court cases. Upon hearing them, the deceased ran towards the door of his house but by the time could reach there, all the three accused surrounded him and stabbed him with Ballam. P.W.1 (the informant) raised alarm. On hearing his cries, Radhey Shyam Pandey (PW.2, the father of the informant and brother of the deceased); Sanjay Kumar Pandey (PW.3, another brother of the deceased); Mool Chand Gaur (not examined); Kamla (not examined) and others, who were all not examined, arrived and challenged the accused, as a result, all three accused escaped with their respective Ballam. Whereafter, the deceased was rushed to the District Hospital, Mirzapur where, upon arrival, the doctor (P.W.4) declared him dead.

(3.) The written report (FIR) was scribed by Surendra Bahadur Singh Yadav (not examined) on dictation of P.W.1, but was, allegedly, lodged by P.W.1