KRIPA SHANKER DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Jitendra Singh, learned counsel for appellant Kripa Shankar Dubey, Sri Manvendra Singh, learned Advocate for the appellant Uma Shankar Dubey and Sri Rupak Chubey, learned A.G.A. for State and perused the record.

(2.) These appeals emanate from the judgment and order dtd. 18/2/2009 passed by Additional Session Judge/Special Judge E.C. Act, Fatehpur in S.T. No.169 of 2006 (State vs. Kripa Shanker Dubey and another) arising out of Case Crime No.213 of 2005, under Sec. 302 read with Sec. 34 I.P.C. sentencing the appellants with life imprisonment and fine of Rs.10,000.00 and in default of payment of fine to undergo additional one year rigorous imprisonment by each and in S.T. No.170 of 2006 (State vs. Kripa Shanker Dubey) arising out of Crime No.218 of 2005, under Sec. 25 Arms Act, Police Station Lalauli, District Fatehpur whereby the appellant Kripa Shanker Dubey has been sentenced with two years rigorous imprisonment with fine of Rs.1000.00 and in default of payment of fine to undergo additional six months rigorous imprisonment.

(3.) The prosecution case in brief is that on 22/12/2005 at about 8:00 P.M. an F.I.R. was lodged at the Police Station Lalauli, District Fatehpur by the informant Suresh Kumar S/o Ramasrey resident of Kichaucha, Police Station Lalauli, District Fatehpur by filing a written report stating therein that on 22/12/2005 at about 6:00 P.M. his elder brother Umesh @ Pappu aged about 27 years went to the hand pump to fetch water and as he (deceased) reached near the hand pump Kripa Shanker Dubey S/o Ram Vishal and his brother Uma Shanker Dubey residents of the same village equipped with country-made pistol came with the intention of committing murder and shot fire at him (deceased) causing injuries in his stomach, as a result it he died and accused persons fled away towards the field. The incident was witnessed by his bua (aunt) Maun Shree and Surajpal.