SHIV KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal is directed against the common judgment dated 20.11.2004 passed by Additional Sessions Judge , Fast Track Court No.3, Sitapur in S.T. No.152 of 2002, under sections 147,148,307,149,302/149 IPC and S.T.No. 199 of 2003 State Vs. Prakash under section 25 (1(b) Arms Act relating to P.S. Sandana, district Sitapur,whereby the appellants were convicted for the offence under Sections147,148,307/149 and 302/149 IPC and accused Prakash was further convicted under section 25 (1) (b) of the Arms Act. For the offence, under section 147 IPC all the accused appellants were directed to under go R.I. for a period of 6 months, for the offence under section 148 IPC all the accused/appellants were sentenced to under go R.I. for a period of one year, for the offence under section 307 /149 IPC all the appellants were sentenced to R.I. for a period of 10 years and under section 302/149 IPC they were sentenced to life imprisonment. Accused Prakash was also sentenced for the offence under section 25 (1) (b) of the arms Act with R.I. for a period of one year. For the offence under section 307/149 and 302/149 and section 25 (1) (b) of the Arms Act the sentences were coupled with fine with default stipulation. All the sentences were to run concurrently.

(2.) In brief ,the prosecution case, as per the FIR, is that the complainant Yogendra Singh S/o Hari Nath Singh was resident of village Maheshpur P.S. Sandna, district,Sitapur and about three years, prior to this occurrence, Radhey accused (not appellant), had borrowed three thousand rupees from Hari Nath. When Hari Nath Singh asked for this loan amount, Radhey felt annoyed and nursed grudged against Hari Nath .On 16.07.2002, in the evening Hari Nath Singh had gone to the village Anurudh Khera to meet Putan Pradhan. Complainant and his brother in law (Sister's husband) Munna Singh S/o Samrendra Singh of village Ismailganj had also gone with them. When, all the three persons were returning from the house of Pradhanji and when they reached in front of the house of Parashuram at about 09.30 p.m. All of a sudden, Radhey, Mannu , Shiv Kumar , Prakash Raidas , Rizwan, Daya Shanker , Ramesh came there with common intention, armed with country made guns and pistols. Radhey challenged abusively 'kill these bastards' and all the accused persons started firing on Hari Nath Singh. Niece of Parashuram named Chandni,aged about 6 years and Chhotey Lal, father of Parashuram also received injuries. Hari Nath Singh and Chandni died due to the fire arm injuries sustained by them. Parashuram and Ramu Pandit saw the occurrence and identified the accused persons in the light of torches and the lantern, glowing at the door of Parashuram.

(3.) FIR of this case was lodged by Yogendra Singh on 17.7.2002 at 10.00 a.m. at P.S.Sandana, district Sitapur.