RADHEY SHYAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Ms. Abhilasha Singh learned counsel for the appellants and Sri Roopak Chaubey learned A.G.A for the State respondent.

(2.) The present appeal is directed against the judgment and order dtd. 25/7/2009 passed by the Additional Sessions Judge, Fast Track Court Badaun whereby appellants Radheshyam s/o Dwariki Yadav, Sreepal s/o Dwariki Yadav resident of Shikarpurthana Sahaswan District Badaun have been held guilty of the offences under Ss. 302, 506(2) IPC. Under Sec. 302, the appellants have been convicted for life imprisonment with fine of Rs.10,000.00 for each. The default punishment is one year additional rigorous imprisonment. The appellants have been sentenced under Sec. 506(2) IPC, for two years rigorous imprisonment each. Both the punishments are to run concurrently.

(3.) The prosecution case begins with the first information report lodged on 20/5/2003 at about 08.15 a.m about the incident occurred on the said date at 3.30 a.m. Three persons were named as accused therein amongst whom one Devendra s/o Radheyshyam had been declared juvenile, the inquiry, thus, proceeded against the two appellants Radheyshayam and Sreepal. The first report of the incident was given by Kalyan s/o Badan Singh, P.W-1 herein in writing scribed by Jogendra s/o Mulayam Singh (P.W-2). It was stated therein that Radheyshyam s/o Dwariki, his brother, nephew etc were hooligans (Badmash) and they used to pressurize people and try to dominate them. About 21/2 months prior to the incident, Radheyshyam, his brothers Sreepal, Ram Niwas and son Devendra came to the Kolhu of the informant and confronted with his brother Amarpal (deceased) without any reason. The oral and physical altercation which took place between them was pacified with the intervention of villagers. The deceased had no grudges but the assailants were carrying enmity with the deceased since then. On the fateful night i.e 20/5/2003, the informant, his brother Amarpal and nephew Jogendra were in the fields to water it and engine was on. At about 3.30 a.m, Radheyshayam, his younger brother Sreepal and his son Devendra reached at their engine carrying Country made pistol, Tamancha and Sariya (iron rod). At that time, Amarpal was sitting near the engine smoking bidi where a lantern was lit up. His nephew Jogendra was sleeping and he himself (the informant) was watering sugarcane and Peppermint field at around 50 yards from them, a lantern was also lit up at that place. Radheyshyam hit in the head of Amarpal through sariya while he was sitting, on being hit, Amarpal screamed and ran towards the informant, Radheyshyam chased Amarpal and caught hold of him at about 20-25 yards away and all three accused killed him by Sariya and fires from Tamancha. When the informant and his nephew Jogendra ran towards the assailants they threatened them to kill and ran away through the field of Panna. While leaving the dead body on the spot, the informant Kalyan went to lodge the written report.