MOHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Surendra Kumar Chaubey, learned counsel for the appellant-Mohan; Ms. Abida Syed, learned Amicus Curie for unrepresented litigants; and Shri N.K. Srivastava, learned counsel for the respondents. Perused the record.

(2.) During trial the main assailant, accused-Kedar has breathed last and the other three accused Mohan and two others faced the trial, all the accused have been convicted for commission of offence under Sec. 302 of Indian Penal Code and sentenced to life imprisonment. The accused were punished sentenced to life imprisonment with the aid of Sec. 34 of the IPC and fine of Rs.50,000.00 each and default sentence of 6 months if they did not deposit the amount of fine.

(3.) The first Information report given on 13/10/1993 is to this effect that brother of the informant namely Ram Sevak son of Rupai was done to death on 12/10/1993 at about 11 p.m by firing. The brother of the informant was sleeping on his bed with his son and the informant was sleeping in his hut and suddenly on the noise of firing the informant woke up and went in the direction from where the noise had come. The informant and others went in the direction from where the noise had come and saw that Kedar was shooting at the brother of the informant who died and Kedar was shouting that, Mohan run, Ram Sevak is dead, till then Jangi son of Sajjan and Hansraj son of Ram Ratan came there and after hearing the shouting they had tried to catch the accused, but all four accused persons Kedar son of Gauri, Mohan son of Ram Shree, Budhiram son of Vanshraj and Daroga son of Ramdhani ran away from the place of occurrence.