KALLU Vs. STATE OF U.P

JUDGEMENT

(1.) The appellants have challenged the judgment and order dated 18.12.2007 passed by Addl. Sessions Judge Court no.1, Shahjahanpur in S.T. No. 282 of 2002 State Vs. Kallu and another (crime no. 6 of 2002) u/s 302, 307 IPC, and S.T. no. 976 of 2002 State of Kallu u/s 25 Arms Act (crime no. 31/2002) whereby all the three accused-appellants aforesaid, have been found guilty for the offence punishable under section 302/307 IPC and each appellant has been sentenced to imprisonment for life and fine of Rs. 5,000/- each u/s 302/34 IPC and 10-years R.I. u/s 307/34 IPC and fine of Rs. 2000/- each with default stipulation. Accused Kallu had been further found guilty u/s 25 Arms Act and sentenced to undergo R.I. for two years and fine of Rs. 1,000/- with default imprisonment for 15 days. All the sentences were to run concurrently.

(2.) Succinctly stated the prosecution story is that on 4.1.2002 at 7.00 p. m. Dragpal Singh s/o Nanhey Singh r/o village Barua Khurd P.S. Kant, District Shahjahanpur submitted a written report at P.S. Kant stating that about nine months ago his brother Surnedra singh lodged a report of theft against Nanhaku Singh @ Dinakku Singh of his village and they were challaned. They bore enmity with the complainant on this count. On 2.1.2002 his animals entered in the field of Dinakku Singh and then he came to his brother for protest and then hot words and abuses were exchanged. Dinakku Singh threatened Surendra Pal Singh to see him very soon and due to this enmity Dinakku Singh, his son Kallu and associate Jageshwar s/o Sivraj Singh wanted to eliminate Surendra Pal Singh. The report stated that today at about 5 p.m. Surendra Pal Singh and Ram Gopal brothers of complainant and his nephew Shyam Singh and his son Avanish were returning from their fields and when they reached in front of the house of Dinakku Singh, he with licensed SBBL gun, Jageshwar with licensed gun and Kallu with country made pistol in order to kill them opened fire. His brother Surendra Pal and Ram Gopal sustained injuries. Surendra Pal instantaneously died at the spot. At the time of incident co-villagers Ram Pher s/o Nawab Singh and Bade Singh s/o Vishram Singh and several others arrived at the scene of occurrence and challenged the accused who making fires and threatening to kill if any body depose against them he would also be killed, made their escape good. Along with injured brother Ram Gopal, the complainant reached at the police station and submitted report, on the basis whereof case at crime no. 6/2002 u/s 302/307 IPC was registered. S.O. Purshottam Sharan took over the investigation and after interrogating the complainant he reached at the spot and collected samples of simple and blood stained earth. Two empties were also recovered from the spot. These articles were sealed through memo Ex. Ka-3 and Ka-4. Thereafter he prepared inquest of the cadaver of the deceased and along with usual papers sent the dead body for autopsy in sealed condition.

(3.) Injured Ram Gopal was examined by Dr. Sudhir Kumar Yadav, E.M.O. District Hospital, Shahjahanpur on 4.1.2002 at 8.00 p.m. and he found the following injuries on his person: