KRISHNA KANT CHATURVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Veer Singh, Advocate and Sri Ravi Chandra Srivastava, learned amicus curiae for the appellant and Sri Anand Tiwari, learned AGA for the State and perused the evidence on record.

(2.) The appellant Krishna Kant Chaturvedi has preferred the instant criminal appeal against the judgment and order dated 11.8.1981 passed by I Additional Sessions Judge, Azamgarh, in Session Trial No.428 of 1977, State Vs. Krishna Kant Chaturvedi and six others, relating to Crime No.14 of 1977, under Sections 147, 148, 149, 336, 307, 302 IPC, Police Station Ahiraula, District Azamgarh, whereby the appellant has been convicted under Sections 302 read with Section 34 IPC, 307 read with Section 34 IPC and 323 read with Section 34 IPC and has been sentenced to undergo life imprisonment, five years rigorous imprisonment and one year rigorous imprisonment respectively. All the sentences were ordered to run concurrently. By the impugned judgment, the learned trial Judge has acquitted remaining co-accused namely Ram Surat, Patiram, Vikrama, Ram Samujh, Rajendra Prasad, Ramakant and Sita Ram of the aforesaid offences. Thus challenge in this appeal only by one appellant Krishna Kant Chaturvedi is to the impugned judgment and order of conviction and sentence.

(3.) The prosecution story in a nutshell is that eight accused persons belonging to Village Hamidpur, Police Station Ahiraula, District Azamgarh, formed an unlawful assembly at 7:00 a.m. on 20.1.1977 in Village Hamidpur and committed murder of Chandra Shekhar and attempted to commit murder of Ram Garib and Som Dutt by causing injuries to them. The appellant Krishna Kant Chaturvedi was alleged to have been armed with his gun. Ramakant was armed with revolver. The appellant Krishna Kant Chaturvedi fired at Som Dutt which hit the deceased Chandra Shekhar who died at the spot. A written report of the incident was lodged by Sitaldeo Yadav, father of the deceased Chandra Shekhar on 20.1.1977 at 8:30 a.m. at Police Station Ahiraula, which was at a distance of five miles from Village Hamidpur. The first informant alleged that one day before the incident i.e. 19.1.1977, a quarrel took place between Patiram Yadav (servant of Ramakant Chaturvedi, accused) and Som Dutt Chaube. Patiram Yadav went to Azamgarh city to call his masters and at about 11:00 p.m., his masters Sitaram Chaturvedi and his two sons ( Ramakant Chaturvedi and Krishna Kant Chaturvedi), all the three accused resident of the same village came to their village on motorcycle and in the morning of 20.1.1977 at 7:00 a.m., all the eight accused persons came to the door of the injured Som Dutt Chaube, started abusing him and his family members and also started throwing brickbats. The villagers gathered there and the deceased Chandra Shekhar also started meddling in the dispute. At that time, the accused Ramakant had a revolver and Krishna Kant Chaturvedi had a gun and both had fired at Som Dutt Chaube. The shot of revolver and gun struck at the face and neck of Chandra Shekhar who fell down and died. Ram Garib also received pellet injury on chest and Som Dutt Chaube received brickbats injury. The incident was witnessed by Sri Ram Yadav, Rambali, Tilakdhari and other persons of the village. Thereafter, people of the village were alleged to have brought the dead body to Police Station (Thana) where Panchayatnama/inquest on the dead body of the deceased Chandra Shekhar aged about 25 years was conducted.