RAKESH KUMAR PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is directed against judgment and order passed by the Additional Sessions Judge (Ex-cadre), Court No.20, Allahabad, dtd. 31/7/2012, in Sessions Trial No.99 of 2006, arising out of Case Crime No.152 of 2005 under Sec. 302 IPC, Police Station Khuldabad, District Allahabad as well as in Sessions Trial No. 100 of 2006, arising out of Case Crime No.169 of 2005, under Sec. 3/25 of the Arms Act, Police Station Khuldabad, District Allahabad, convicting the accused appellant under Sec. 302 IPC read with Sec. 3/25 of the Arms Act and sentencing him to rigorous imprisonment for life and Rs.5,000.00 fine under Sec. 302 IPC and on failure to deposit the fine to undergo additional rigorous imprisonment for a year; five years imprisonment under Sec. 3/25 of the Arms Act and Rs.2,000.00 fine and on failure to deposit the fine to undergo additional imprisonment for six months. All punishments are to run concurrently.

(2.) First informant in the present case is one Sudhir Kumar Dwivedi (PW-1) who has lost his brother Suresh Kumar Dwivedi in the incident in question. Prosecution case is that the deceased was going on his motorcycle on 18/7/2005, at about 8.45 pm, from Rajrooppur to Beniganj in Allahabad. When he reached Chak Niratul Badi Maszid two persons fired on him due to which he died. The assailants fled towards Karbala. The incident is alleged to have been seen by Sushil Kumar Tripathi (PW-3), who happens to be the first cousin of the deceased and; Nagendra Kumar Dwivedi (PW-2), the nephew of the deceased; alongwith others and that they can recognize the assailants on seeing them, since there was sufficient light at the place of occurrence. On account of the incident members of public started running helter-skelter and an atmosphere of terror was created in the locality. The shutters of shops were pulled down and there was complete chaos.

(3.) The prosecution case further is that informant's other brother namely, Surendra Kumar Dwivedi was earlier killed on 14/5/2004. Accused Rakesh Kumar Pandey @ Daddu Pandey and Munna Pandey were accused of murdering him. The deceased Suresh Kumar Dwivedi was the informant in respect of murder of his brother Surendra Kumar Dwivedi. The bail application of accused Rakesh Kumar Pandey was allowed and he was enlarged on bail while that of Munna Pandey was rejected by the High Court. The deceased Suresh Kumar Dwivedi was to appear as the prosecution witness in that case and he has been eliminated so that he may not survive to support the prosecution case and accused Munna Pandey be released on bail. The Court is further informed that the prosecution in the murder case of Surendra Kumar Dwivedi ended in acquittal of accused as the main witness, namely Suresh Kumar Dwivedi, could not depose and other witnesses turned hostile.