RAJNESH Vs. STATE OF U.P.

JUDGEMENT

(1.) These two criminal appeals have been preferred by the appellants against the judgement and order dtd. 30/5/2018, passed by Additional Sessions Judge, Court No.5, Badaun in S.T. No.519 of 2013 (State Vs. Rajnesh and others) arising out of Case Crime No.334 of 2012, under Ss. 147, 148, 302/149 and 323/149 IPC, Police Station- Rajpura, District- Sambhal, whereby learned trial court convicted accused appellants Rajnesh and Vijay Pal under Sec. 302 r/w Sec. 34 IPC and sentenced each with life imprisonment and fine of Rs.10,000.00 and six months simple imprisonment in case of default of fine. Trial court also convicted them under Sec. 323 r/w Sec. 34 IPC and sentenced each six months R.I. and fine of Rs.500.00 and 15 days simple imprisonment in case of default of fine. Learned trial court acquitted all the other accused persons from all the charges framed against them and also acquitted accused appellant Vijay Pal of the charge under Sec. 25 of Arms Act. Both these appeals, being connected, are being decided together.

(2.) The brief facts of the case as culled out from the record are that a written report Ext. Ka.5 is submitted by informant Anek Pal at police station- Rajpura, District- Bhimnagar (Sambhal) with the averments that the in-laws' house of his brother Gauri Shankar is in Jethpura in the family of Ram Bhoop and the in-laws' house of accused Vijay Pal is also in the same village in the family of Kalyan. There is dispute going on between the families of in-laws of Gauri Shankar and Vijay Pal. His brother had gone to his in-laws' house for diffusing the dispute. Accused Vijay Pal and his in-laws took it as their insult and started silent enmity with them. Further averment is that that on 12/7/2012 at about 5:00 pm, the Rajnesh brother-in-law of accused Vijay Pal, Vijay Pal, Hari Shankar, Sher Pal, Raj Pal, Ram Khiladi and Mahesh, armed with weapons, came to the house of his brother Gauri Shankar and called him. His nephew Rama Shankar @ Pappu came out of the house. All the aforesaid accused persons got him and started beating with lathi and danda. On his hue and cry, his brother Gauri Shankar came out of the house then all the accused got Gauri Shankar and said to kill him. Then Rajnesh caught hold Gauri Shankar and Vijay Pal triggered a fire in the head of Gauri Shankar, who fell on the ground and died. Accused persons after seeing them fled away from the spot stating that if anybody gave the evidence he will be killed.

(3.) On the basis of aforesaid written report, a first information report Ext.Ka.3 was registered at Police Station- Rajpura, District- Bhimnagar as Case Crime No.334 of 2012 under Ss. 147, 148, 149, 302, 323 and 506 IPC. Station Officer Lakshmi Shankar took up the investigation. Statements of witnesses were recorded u/s 161 of Cr.P.C. I.O. went to the spot and prepared site-plan. Blood stained and plain earth were collected from the spot and recovery memo was prepared. Injured Rama Shankar was taken to the hospital where his medical examination was conducted and medico legal report was prepared. Inquest proceedings of the deceased were conducted and inquest report was prepared. Post mortem was conducted on the body of the deceased and doctor prepared post mortem report. During the course of investigation, the I.O. arrested the accused Vijay Pal, on whose pointing out a country made pistol (Tamancha) was recovered from his house, in which one empty cartridge was found in the barrel and one live cartridge was also recovered. Tamancha with empty cartridge were sent to Forensic Science Laboratory and report was received stating the fact that the empty cartridge was fired by the aforesaid Tamancha.