RAJESH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Raj Kumar Singh, counsel for the appellant in Criminal Appeal No. 918 of 2004 and learned A.G.A. Both these appeals challenge the judgment and order dated 29.1.2004 passed by Additional Sessions Judge (Fast Track Court No. 1), Fatehpur in Sessions Trial No. 468 of 1993, by which the appellants have been convicted under sections 302/34, 323/34, 325/34, 506(2) IPC and sentenced to life imprisonment with fine of Rs. 5000/- each under section 302/34 IPC and in case of default in payment of fine, to undergo two years additional imprisonment, one year's imprisonment under section 323/34 IPC, seven years imprisonment with fine of Rs. 2000/- each under section 325/34 IPC and in case of default in payment of fine, to undergo one year's additional imprisonment and seven years imprisonment under section 506(2), IPC. All the sentences were ordered to run concurrently.

(2.) Complainant Smt. Shyama Devi, wife of Ram Prasad, resident of village Pawarnupur Majre Simrai, Police station Lalauli, District Fatehpur, submitted a written report dated 12.4.1993 against the accused appellants that on 12.4.1993 at about 6 a.m., a quarrel took place in respect of NAALI between her husband Ram Prasad and the accused Rajjoo, Rajesh and Rajeshanker alias Sadhoo, all sons of Sukhdeo, and the accused had threatened to kill her husband. On the same day at about 9 a.m. when her husband Ram Prasad after taking meal was going to Cooperative Bank at Bahua, Rajesh armed with an axe, Rajjoo, Rajeshanker alias Sadhoo and their father Sukhdeo armed with lathis, came and surrounded her husband. They started assaulting him with the weapons in their hands, as a result of the blows he fell on the ground. When she tried to rescue her husband, she was also beaten by lathi and received injuries. Akhilesh Kumar, son of her husband's elder brother (JETH) Kallu Ram ran to call his father from the school situated about 100-150 yards who was also beaten by the accused when he came there. Ram Prasad died on the spot and the incident was also witnessed by her daughter Archana and Manoj Kumari daughter of Kallu Ram. She and Kallu Ram the JETH went to Primary Health Centre, Bahua about one and half miles and thereafter she has come to lodge the report.

(3.) On the basis of the written report, case crime No. 70 of 1993. was registered on 12.4.1993 at 13.00 hours under sections 302,325,323,506 IPC, Police Station Lalauli, Fatehpur against accused Rajjoo, Rajesh, Rajeshanker and Sukhdeo. Investigation of the case was taken up by Station Officer Sabhajeet Tripathi. The check F.I.R. was Ex. Ka-15 in the Court below.