SATISH KASHYAP Vs. STATE OF U. P.

JUDGEMENT

(1.) Both criminal appeals emanate from the common judgment and order dated 21.03.2007 passed by learned Additional Sessions Judge, Court No. 3, Pilibhit in Sessions Trial No. 98 of 2003 (State Vs. Harish Kashyap and two others) arising out of Crime No. 414 of 2002 under Section 302/34 IPC, Police Station Barkheda, District Pilibhit by which appellants have been convicted and sentenced under Section 302 read with Section 34 IPC with life imprisonment and fine of Rs. 5,000/- for each, in default of payment of fine to undergo additional imprisonment for a period of six months, therefore these appeals are heard and being decided together.

(2.) The prosecution case in brief is that on 17.11.2002 deceased Veerpal (brother of informant Harpal Kashyap) was invited by Lalu Kashyap where Veerpal, Gopal and Lalu Kashyap took food in the feast and thereafter Veerpal came back to his house. They were talking on the terrace, meanwhile Harish, Satish s/o Kallu r/o P.S. Barkheda came there and started to talk to Veerpal. Veerpal said to Harish that marriage of daughter of Rampal had been engaged with his brother Satish. Why did he use to stay in the house of Rampal, he would not let it go on. While conversation he went to door of Kalicharan with Harish and Satish. Meanwhile sound of fire was heard by informant and he went there. In the way, he met to Lalu and Gopal who also went with him. They saw that Harish was equipped with Kasi Satish with danda and Om Prakash with lathi. Harish, Om Paraksh and Satish were beating Veerpal. Informant, Lalu and Gopal interfered then accused persons went away towards their house. This incident took place at about 11 p.m. In the night. Injured Veerpal was brought to Government Hospital, Barkheda by informant with the help of Lalu and Gopal, where doctors declared him dead. He lay dead body under pakad tree in the compound of hospital and arrived at police station, lodged an F.I.R. by giving tahreer as crime no. 414 of 2002 under Section 302 IPC against Harish, Satish and Om Prakash. Entry of which was made in the G.D. Report no. 2. Investigation of the case was handed over to S.I. A.A. Khan who moved to the place of occurrence.

(3.) Inquest of deceased Veerpal was conducted by S.I. A.A. Khan on 18.11.2002 at 7 a.m. at P.H.C. Barkheda. Inquest report was prepared in presence of witnesses. Dead body was got sealed. Other essential papers were prepared and dead body was handed over to constable Sajjan Saran and V.C. Rajesh for post-mortem.