UMESH MAHTO Vs. STATE OF U. P.

JUDGEMENT

(1.) This criminal appeal is directed against the judgement and order dtd. 7/10/2009 passed by Special Judge (E.C. Act), Gorakhpur in Session Trial No. 270 of 2000 arising out of Case Crime No. 126 of 2002, P.S.-Sahpur, District- Gorakhpur convicting and sentencing the appellants under Sec. 302/34 I.P.C. to undergo life imprisonment further imposing fine of Rs.10,000.00 each and in default of payment of fine to undergo one year rigorous imprisonment and under Sec. 307/34 I.P.C. to undergo seven years rigorous imprisonment and fine of Rs.5,000.00 each and in default of payment of fine to undergo six months rigorous imprisonment.

(2.) The prosecution story unfolds with an FIR lodged at P.S. Shahpur, District- Gorakhpur on the basis of written report given on 22/3/2002 at 19 p.m. by Muneshwar Mahto, S/o Sipahi Mehto, brother of the deceased. It was narrated in the written report by the informant that he as well as his brothers Suraj Mehto and Rameshwar Mehto work as sales men in the bakery. The accused persons Umesh Mehto and Krishna Mehto, who happen to be their relatives have been on inimical terms on account of some land disputes and litigation. On 22/3/2002 at about 5:30 pm when he and his brother Suraj Mehto were coming to the city Gorakhpur from Pipraich after finishing their duty, the accused persons Umesh Mehto and Krishna Mehto chased them by motor cycle and surrounded both of them in front of the farm of Jitendra Jaiswal near Padri Bazar Kasba. Both the accused persons got down from the motor cycle and opened fire with country made pistols upon the informant and his brother Suraj Mehto. When they rushed from the spot to save themselves, the accused persons fired upon his brother Suraj Mehto who fell down in the wheat field and died. The accused persons fled away on motorcycle. The informant Muneshwar Mehto and the people nearby witnessed the occurrence. On the basis of the written report Exhibit A-1 given by the informant Muneshwar Mehto, Chik FIR Exhibit A-4 was prepared by Cons.Moharrir Saroj Kumar on 22/3/2002 at 19 pm and its entry was made in the G.D. rapat number 37, Exhibit A-5 at the same time.

(3.) The investigation was started and the inquest report Exhibit A-2 was prepared on 23/3/2002, the papers required for post mortem Exhibit A-7 to A-11 were also prepared and the autopsy of the dead body of the deceased was performed by doctor V.K. Dubey on 23/3/2002 who prepared the autopsy report Exhibit A-3 and found the following anti mortem injuries on the body of the deceased.