ASHOK TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) IN both the aforesaid appeals the appellants have challenged the judgment and order dated 3.6.2003 passed by Addl. Sessions Judge, FTC-II, Jalaun at Orai in S.T. no. 117 of 2002 whereby each of the appellant had been convicted for the offence punishable u/s 148, 452, 302/149 Indian Penal Code and sentenced as under:

(2.) FACTS of the case in nutshell are that complainant Ashok Kumar Kopra resident of Mohalla Malviya Nagar, Qasba and P.S. Konch District Jalaun at Orai submitted a written report at P.S. Konch on 27.4.2002 at 5.45 p.m. wherein he stated that they have got cases registered against their neighbour Ashok Kumar Tiwari s/o Ram Prakash Tiwari in P.S. Konch and P.S. Quarsi District Aligarh and on account of this fact he and his family members bear enmity with them. Today he along with Tara Chandra, Ravish Chandra, Smt. Ram Kali, Smt. Nirmala Namdeo arrived home from Jhansi, then at about 4.45 p. m. Ashok Tiwari along with his DBBL gun, Kamlesh Tiwari @ Munna Tiwari, Vinod Tiwari and Pradip Tiwari sons of Ram Prakash Tiwari residents of Mohalla Malviya Nagar Qasba and P.S. Konch along with Ram Sewak @ Daddhu Dhimal s/o Ram Swarup r/o Gokhle Nagar, Konch armed with country made pistols barged into his house. His mother was sweeping the court-yard and then Ashok Kumar Tiwari in order to kill her fired shots and she succumbed to the injuries at the spot. The accused also fired shots on them with intention to kill but they bolted the room from inside and accused persons abusing them made their escape good. The complainant got this report scribed from B.K. Johri s/o Pyare Lal r/o Pilkhana House, Sarai Lavaria P.S. Banna Devi Aligarh and submitted the same at 5.45 p.m. on 27.4.2002. On the basis of this report a case at crime no. 142/2002 u/s 147, 148, 453, 302 IPC was registered at P.S. Konch, investigation whereof was entrusted to SI Dinesh Kumar Singh. He reached at the spot recorded statement of complainant, prepared site plan and recovered pellets, tickli, bullet, simple and blood stained earth from the spot and a curtain containing bullet mark in presence of public witnesses through recovery memo Ex. Ka-6. After interrogating the complainant and the scribe he prepared inquest of the dead body of the deceased and along with usual papers sent the same for post-mortem examination. On 29.4.2002 Dr. Mani Ram PW 2 the then Medical Officer of CHC, Konch conducted autopsy and prepared notes thereof. He found rigor mortis over whole body and post-mortem staining on both thighs and lower part of back. He found the following ante-mortem injuries on the person of 60-years' old deceased:

(3.) IN order to prove its case the prosecution had examined complainant Ashok Kumar Kopra PW 1, Dr. Mani Ram PW 2, Smt. Nirmala Namdeo PW 3, H.M. Ram Babu PW 4, 2nd I.O. Inspector Karan Singh PW 5, 1st I.O. SI Dinesh Kumar Singh PW 6, 3rd I.O. Inspector Ram Kirpal singh PW 7 and Constable Ram Hind Singh PW 8.