LALARAM Vs. STATE OF U. P.

JUDGEMENT

(1.) Present appeal under Sec. 374 (2) Cr.P.C. has been preferred by the appellant, Lalaram, against the judgment and order dtd. 15/5/2015 passed by Additional Sessions Judge, Court No.-7, Hardoi in Sessions Trial No. 586 of 2001 : State Vs. Suresh and another arising out of Crime No. 160 of 2001, under Ss. 302, 307 I.P.C. and Sec. 3 (2) (v) of the S.C./S.T. Act, Police Station Sandila, District Hardoi; Sessions Trial No. 587 of 2001 : State Vs. Suresh, arising out of Crime No. 162 of 2001, under Sec. 3/25 of the Arms Act, Police Station Sandila, District Hardoi; and Sessions Trial No. 588 of 2001: State Vs. Lalaram, arising out of Case Crime No. 163 of 2001 under Sec. 3/25 of the Arms Act, police station Sandila, district Hardoi, whereby the appellant, Lalaram, was convicted and sentenced under Sec. 302 I.P.C. for life imprisonment and to pay fine of Rs.10,000.00, failing which to undergo additional 18 months' rigorous imprisonment; under Sec. 307 I.P.C. to undergo additional 8 years' Rigorous Imprisonment and to pay fine of Rs.5,000.00, failing which to undergo 9 months' rigorous imprisonment; and under Sec. Sec. 3/25 of the Arms Act to undergo one year's rigorous imprisonment and to pay fine of Rs.1,000.00, failing which to undergo additional 4 months rigorous imprisonment. All the sentences were directed to run concurrently.

(2.) The case of the prosecution, in brief, was that on 13/5/2001, in the house of informant, namely, Udan (PW-2), rituals of marriage relating to his son Rajkapoor was going on. On that night, musical programme was also going on at the door of Bhagwandeen Yadav of his village, wherein Munni Lal Arakh son of Baldev came and informed that relative of Somnath had fallen down from the roof. After getting this information, Sukhdeo (P.W.1), Vinod (P.W.2), Sarvesh (P.W.5), Munna Lal (P.W.12), Sunil (deceased, son-in-law of the deceased) and other villagers had rushed to the spot. In the interregnum period, someone fired at 9:30 p.m., as a consequence of which Sukhdeo (PW-1), Vinod (P.W.2), Sarvesh (P.W.5), Munna (P.W.12) and Sunil (deceased, son-in-law of the informant) got shot and were injured. Immediately thereafter, they were brought through Tractor trolley to the Government Hospital, from where Sukhdeo (PW-1), Vinod (P.W.2), Sarvesh (P.W.5) and Munna (P.W.12) were referred for further treatment at Lucknow Hospital, however, Sunil (deceased, son-in-law of the informant P.W.2) died before the start of treatment in the hospital. Thereafter, informant Udan (P.W.2) got the written report scribed by Ramkumar, who after scribing it read it over to him. He, thereafter, put his signature on it and then, proceeded to Police Station Sandila, District Hardoi and lodged it.

(3.) The evidence of P.W.8-S.I. Khajan Lal shows that on 13/5/2001, he was posted as Head Moharrir at Police Station Sandila. On that date, on the basis of written report of P.W.2-Udan, a chik F.I.R. No. 73 of 2001 (Ext. Ka. 8) vide Case Crime No. 160 of 2001, under Ss. 302, 307 I.P.C. was registered by him against the unknown persons at police station Sandila, District Hardoi.