LAKHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Akhilesh Srivastava learned Amicus for appellant nos. 2 and 3 and Ms. Manju Pandey for appellant no. 1 and Sri Roopak Chaubey learned A.G.A. for the State respondents. Introduction:-

(2.) The present appeal is directed against the judgment and order dtd. 9/1/2009 passed by the Additional District and Sessions Judge, Court No. 9, Bulandshahr in Sessions Trial No. 397 of 2006 arising out of Case Crime No. 292 of 2005 under Ss. 394, 302, 307, 412 IPC, Police Station Jahangirabad, District Bulandshahr, whereby three appellants namely Lakhan @ Lakhan @ Akash, Rakesh and Satish @ Ajay have been convicted for the offence under Ss. 394 and 302 read with Sec. 34 IPC and sentenced for life imprisonment for the offence under Sec. 394 IPC along with fine of Rs.1.00 Lakh each, under Sec. 302 read with Sec. 34 IPC the appellants have been sentenced with life imprisonment and fine of Rs.1.00 Lakh each. The appellants have also been convicted for the offence under Sec. 323 read with Sec. 34 IPC and sentenced for one year imprisonment with fine of Rs.1,000.00 each. It is provided that in case of default, the fine shall be recovered as arrears of land revenue and no arrangement for additional imprisonment was being made in the case of default. The fine was required to be disbursed to the family of the victims and the victims as well. All the punishments are to run concurrently. The first information report and the investigation:-

(3.) The first information report of the incident was lodged by Prem Jeet Singh, examined as PW-3 that on 24/10/2005, he along with his wife Mamta @ Bittan and his uncle Mahipal Singh was coming back from the house of his brother-in-law Kalyan Singh from village Bavanpur to his own village. At about 7:30 PM, at Rjapur Bambe ki Puliya ahead of village Chandauk, four miscreants had intercepted his motor cycle on the strength of hockey, country made pistol, rifle and iron rod. One miscreant had attacked the informant with the rifle butt and another on his head and he became unconscious and fell on the ground. The miscreants had looted Rs.880.00 from the pocket of the informant and Rs.300.00 from the purse of his wife and also the earrings, gold chain, silver ornaments of his wife and ran away towards Sikarpur by looting motorcycle of the informant. On getting consciousness, the informant saw a scooter lying on the spot and two persons in injured state were lying there. It is stated in the written report that the informant had identified the miscreants in the light of the motorcycle and he could identify them. On the written report given by the informant, Check FIR was prepared and the report was registered at 8:15 PM on 24/10/2005 itself. The place of the incident indicated in the Check FIR is the Jungle of village Chandauk, 5 kms. South of the police station.