LAWS(ALL)-1991-9-25

PANNA Vs. STATE OF UTTAR PRADESH

Decided On September 18, 1991
PANNA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 27-11-1978 passed by Sri C. L. Anand, 11 Additional Sessions Judge, Mainpuri in S.T. No. 27 of 1978 (State v. Jhanku and 9 others) u/ Ss. 147, 302/149 and 201, IPC, P. S. Bhongaon and ST No. 254 of 1978 (State v. Panna and 3 others) under Ss. 302,148 and 201, IPC, P.S. Bhongaon, District Mainpuri.

(2.) Pooran Singh P.W. 1, the first informant, and his brother Prithviraj were resident of Village Jaswantpur, P. S. Bhongaon, District Mainpuri. On 4-8-1977 Prithviraj had gone to Mainpuri in connection with a case which was pending in the courts. He returned back to Jaswantpur at about 4 p.m.

(3.) At about 5-30 p.m. Pooran Singh P.W. 1, Bhawani Singh Collector Singh, Vishwanath Singh P.W.3, Bharat Singh, Kamty Prasad PW 5, and Dushashan PW 2 were sitting outside the door of Pooran Singh's house. They were talking amongst themselves when they heard shouts of Prithviraj coming from the direction of the field of Panchhi. All these persons rushed towards the field of Panchhi. Pooran Singh PW 1 saw that Chandrapal, Laxman and appellant Panna armed with guns appellants Patiram Jhanku, Ugrasen, Rameshwar, Kashi Ram Jor Singh, Brindaban, Shiv Singh, Ganga Din, Anar Singh and Bir Bhan and 5-6 others armed with lathis had surrounded Prithviraj. Laxman and Chandrapal then gave out that Prithviraj was responsible for keeping the wife of Jhanku in the house of his own brother-in-law, Kunwar Sen, in village Sahori and as such he was to be taught a lesson. All the three persons, who were armed with guns i.e. Chandrapal, Laxman and Panna fired upon Prithviraj. Prithviraj was hit by the bullets. He fell down and succumbed to his injuries then and there. Panna and his colleagues took away the dead body of Prithviraj.