PRAMOD ALIAS BILLA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Criminal Appeal No. 2717 of 1980 was filed by Pramod alias Billa and Vilas Deo and Criminal Appeal No. 2769 of 1980 was filed by Hari Kishan alias Haria and Vijay Vishnet. Both these appeals arise out of an order of conviction passed by Sri V. K. Agarwal, Addl. Sessions Judge, Dehradun on 24-11-1980 in Session Trial No. 50 of 1980. All the above appellants were convicted under Section 302, I.P.C. with the aid of Section 34, I.P.C. They were sentenced to imprisonment for life under the above count.

(2.) At the time of hearing of this appeal, two of the appellants were reported dead. The report to this effect is on record. We have already abated their appeals on 12-1-2000 by a separate order on the order-sheet. These two appellants are Pramod alias Billa, appellant No.1 in Crl. Appeal No. 2717 of 1980 and Vijay Vishnet, appellant No. 2 in Crl. Appeal No. 1769 of 1980. The remaining appellants are Hari Kishan alias Haria and Bilas Deo whose appeals were heard by us.

(3.) The brief facts of the case are that on 2-12-1979 at about 6.30 p.m. when Liyaqat was returning back to his house via Inamullah building and roadways bus station, he was accosted by Vijay Vishnet, Hari Kishan alias Haria and Pramod alias Billa as soon as he reached near the house of Hakeem Kureshi Ahmad at the crossing. These persons were on a bullet motor-cycle. They came from behind. They stopped Liyaqat and told him that he had got lodged a report against Para so he must get the taste of it meaning thereby that the assailants wanted to teach him a lesson for lodging a report against Para. Immediately all the 3 persons opened fire from their respective country made pistols upon Liyaqat. The gun report attracted Abid, Ashok, Hamid and many other people to the spot. When the assailants were challenged by witnesses they escaped towards Koodaghar. The injured was found in a pool of blood. He was taken to the hospital by the informant and the witnesses. The informant Atigur Rehman is own brother of victim Liyaqat. Written report of the occurrence was prepared and taken by him to the police outpost. This written report is Ex.Ka. 3. On the basis of the written report, offence was registered at 7.15 p.m. The distance of the police out post where this report was registered is just 2 Furlongs East from the place of occurrence. The investigation was taken up by P.W. 5, Bhopal Singh, who came to the spot but did not initiate any investigation. He had gone to the hospital on the information of death of Liyaqat at 8.20 p.m. and prepared the inquest memo, sealed dead body and sent it for post-mortem. On the next day, he started the investigation. He recorded the statements of the witnesses and prepared site map and inspection memo and recovery memo of the blood-stained and plain earth etc. He submitted the charge-sheet against all the accused appellants, thereafter.