BIRNAMI Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dtd. 24/8/2007/25/8/2007 passed by Sessions Judge, Rampur in Sessions Trial No. 496 of 2005 convicting the appellant no.2 (Tej Pal) under Sec. 302 I.P.C. and appellant no.1 (Birnami) under Sec. 302 read with Sec. 34 I.P.C., and sentencing them to imprisonment for life and fine of Rs.10,000.00 each with a default sentence of one year R.I.

(2.) On a typed written report (Exb. Ka-1) submitted by PW-1 (son of the deceased - Sitaram) at 00.30 hours, on 7/7/2005, Case Crime No. 227 of 2005 was registered at P.S. Milak, District Rampur of which Chik FIR (Exb. Ka-15) was prepared. The allegation in the FIR is that on 6/7/2005, at about 9 pm, when PW-1's father (the deceased) was sitting on a cot, smoking a Beedi, the accused-appellants along with one unknown person came and, before the deceased could react, appellant no.2 (Tej Pal) fired a shot at the deceased. Upon which, PW-1, his brother- Sompal (not examined) and his uncle Indraman (PW-2), who were present there, and many others who arrived on hearing gunshot, made an attempt to apprehend the accused but they ran away, brandishing their weapons. It was alleged that the informant recognised the two named accused in the light of lantern and torch but could not recognise the third person. It was also alleged that the deceased was taken on a cart for medical attention but by the time they could cross the river the deceased expired therefore, he was brought to Police Chowki Param.

(3.) Inquest was completed on 07.07. 2005 by about 10.30 hrs at Police Chowki Param whilst the body of the deceased was on a Dunlop cart (a bullock cart with tyres). The inquest report (Exb. Ka-3) was prepared by S.C. Tyagi (PW-4). The inquest report notices that the body was wrapped in a bed spread / mattress and was lying in a supine position on that Dunlop cart.