DWARIKA ALIAS LALLA Vs. STATE OF U P

JUDGEMENT

(1.) TWO brothers Dwarika alias Lalla and Keshav Dubey sons of Ram Kripil have preferred this appeal against their conviction u/Sec. 302/34 IPC sentencing them imprisonment for life, as awarded by the third Additional District Judge, Gorakhpur in Sessions Trial No 135/78.

(2.) ONE Vishwanath and two appellants were prosecuted under Section 302/34 IPC on the charge that in furtherance of their common intention the three accused caused fatal lathi injuries to Sarjoo Pandey at about 8.30 A. M. in village Bhandaro, Police Station Chilawa Tal, district Gorakhpur. The informant of this case is Dinesh Chandra son of deceased Sarjoo Pandey. According to the prosecution case, he was accompanying his father on the day of the incident upto the Railway Station Jagatbela, wherefrom they would have proceeded to their different destination. When the two had reached near about the pipal tree in village Bhandaro, the three accused (two appellants and Vishwanath) were present there alongwith lathis. Keshav alias Lalla Dubey incited the others saying that the deceased would not be compromising the matter. Let us kill him today. At this, all the three belaboured Sarjoo Pandey with their lathis causing him injuries, consequent upon the hue and cry, raised, Shiv Kumar Shukla, Arindam Dubey, Ram Kriksha Tiwari and Gabboo Yadav reached the spot and said why the accused were beating teacher Sarjoo Pandey deceased. At this the accused ran away. The prosecution case further is that the victim was carried by the informant alongwith two other persons namely Badal Yadav and Shobhi Yadav, who took the victim to the district hospital Gorakhpur, where the victim expired around 10 30 A. M. Consequently, Dinesh Chandra lodged FIR at P. S. Kotwali district Gorakhpur on 12-8-77 at 11 A. M.

(3.) BOTH the accused have pleaded not guilty and have attributed their false implication due to enmity. They have examined two defence witnesses Udbhav Nath Tiwari and Amir Ahmad in order to prove that one of the witness Shiv Kumar Shukla had filed an affidavit in the Court of the Chief Judicial Magistrate, Gorakhpur, denying the witnessing of the incident as alleged in the First Information Report.