BABA DEEN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Jitendra Singh, learned counsel for the appellant, Sri L.D. Rajbhar and Mrs. Alpana Singh, learned A.G.A for the State and perused the record.

(2.) This criminal appeal has been filed against the judgment and order dated 10.12.1999, passed by the Sessions Judge, Mahoba, in Sessions Trial No. 38 of 1996 ( State vs. Baba Deen And others ), arising out of Case Crime No. 193 of 1995, under Section 302 IPC, Police Station Shrinagar, District Mahoba, whereby the accused-appellant Baba Deen has been convicted and sentenced for life imprisonment. By the same judgment, two other co-accused persons Chhote Lal and Kali Charan have been acquitted.

(3.) Brief facts of the case is that the incident took place on 02.12.1995 at about 06:00 PM in the village Pawa, PS Shrinagar, Mahoba. At the time of incident, the informant Prem Narain had gone to the shop of Gaya babu for purchasing Bidi and behind him his niece Raj Kumari aged about 13 years and nephew Arjun aged about 12 years had also come to the shop. Accused Baba Deen came from the side of his house along with co-accused Kali Charan and Chhote Lal. Seeing the informant on the shop, Kali Charan and Chhote Lal exhorted Baba Deen, whereupon he fired by his country made gun of 12 bore on the informant, but he escaped. Unfortunately, the pellets of the fire hit his niece and nephew who sustained injuries. After that, all the three accused persons ran away towards their house. The nearby people Lakhan Lal Lodhi and Ashok Kumar Lodhi saw the whole incident. The informant and his family members took the injured persons to the police station by tractor, where he submitted his written report on the basis of which the offence was registered under Section 307 IPC. The informant's niece namely Raj Kumari was dead by the time the doctor examined her, about which the informant also informed to the police. Inquest report of the dead body was prepared along with the relevant papers and the postmortem of Raj Kumari was conducted on 03.12.1995. On the basis thereof, the case was converted into Section 302 IPC. The injured Arjun was serious and he was referred to the Medical College, Gwaliar, where he was provided treatment and when he was discharged on 14.12.1995 from the hospital and was being brought to the village, at about 05:30 PM, he also died near the railway station and the same was also reported to the police. Inquest report was prepared along with the relevant papers and the postmortem of Arjun was conducted on 15.12.1995.