RAM NARESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Pradeep Kumar Mishra, learned Amicus Curiae for the accused-appellant Ram Naresh in Criminal Appeal nos. 1313 and 1315 of 1996, Shri Vinod Kumar Srivastava, learned counsel for the accused-appellant Kamal in the connected Criminal Appeal No. 1316 of 1996 and Shri L. D. Rajbhar and Shri Prem Shankar Mishra, learned AGA for the State respondent and perused record.

(2.) These three Criminal Appeals have been filed by accused-appellants namely Ram Naresh and Kamal against the impugned judgment and order dated 18.6.1996 passed by the Session Judge, Farrukhabad in ST No. 474 of 1993 and 475 of 1993, arising out of Case Crime No. 118 and 138 of 1993, Police Station Rajepur, District Farrukhabad, by which accused Ram Naresh and Kamal have been convicted and sentenced under Section 302 / 34 IPC for life imprisonment and for the offence under Section 25 (i)(c) Arms Act for a term of one year RI each. It has been further directed that both the sentences shall run concurrently.

(3.) Brief prosecution version is that the incident took place on 3.8.1993 at 1:30 PM village Salempur when the informant Smt. Sudha Devi, her mother Beti Devi and brother Ram Lakhan were going from village through footpath (pagdandi) to village Salempur for taking medicine from doctor. The moment they reached to the footpath of the field of Antu, the accused persons namely Ram Naresh (her elder brother) and Kamal, hidden behind the hedges of mooj, came out having country made pistol in their hands and to the mother who was going ahead to her, the accused Ram Naresh said that today he would not spare her alive as she was the reason for family dispute and she would not let him get his share in the property. Thereafter, in order to kill her mother, he fired on her. The fire hit her mother and the informant and her brother became apprehensive and in order to save their lives ran back shouting to save her mother and her mother ran towards Salimpur. Her mother had sustained injuries by fire and she could not run ahead and fell down. Accused Ram Naresh and Kamal went closer to her mother and by their country made pistol again fired on her mother, who died on spot in the field of Antu. The informant any how concealing herself with her brother went to the police station and gave a written report on the basis of which an offence under Section 302 IPC was registered against both the accused persons. The police went to the place of occurrence and took over the possession of the dead body, prepared inquest report and other papers, sealed the dead body and delivered to the police personnel for post-mortem. The statements of the witnesses were recorded by the Investigating Officer on the same day. From the spot, two empty cartridges and one live cartridge were found near the dead body and the same were taken into possession and sealed. Samples of blood stained and plain earth was also collected from the spot and that was also sealed. A pair of slipper of the deceased Beti Devi and one empty cartridge and one live cartridge was also found there at some distance from the dead body, which were taken in possession and sealed. The memo thereof was prepared in the presence of the witnesses. Subsequently, the accused persons surrendered before court and were taken on police remand as they made confessional statements and stated that they have concealed the country made pistol by which they committed the offences which they have concealed in the courtyard of the accused Ram Naresh. By digging a pit on their instance, the said country made pistol was recovered for which they could not show licence and, therefore, on the basis of recovery of illegal country made pistol, an FIR was lodged under Section 25 Arms Act. The site plan for both the offences was prepared during the investigation, thereafter, finding sufficient evidence against the accused persons, charge sheet was submitted against them under the aforesaid sections.