BACHCHA PANDEY @ SUBHAS Vs. STATE OF U.P.

JUDGEMENT

(1.) These criminal appeals emanate from the judgment and order dtd. 21/12/2005 passed by the learned IInd Additional Sessions Judge, Court No. 1, Mirzapur in Session Trial No. 52 of 2004 (State Vs. Shiv Kumar @ Pinku and another) arising out of Case Crime No. 12 of 2004, under Sec. 302 read with Sec. 34 IPC, Police Station Kotwali City, District Mirzapur, whereby appellants Shiv Kumar @ Pinku and Bachcha Pandey @ Subhas have been convicted and sentenced under Sec. 302/34 IPC with life imprisonment and fine of Rs.5,000.00 each. In default of payment of fine, the appellants have to undergo additional imprisonment for a period of six months.

(2.) The prosecution case in brief is that on 15/1/2004, at about 9.05 p.m., an F.I.R. was lodged at the police Station Kotwali City, District Mirzapur by informant Om Prakash s/o Harishankar r/o Meer Sahab Ki Gali, Kotwali City, Mirzapur by filing a written report stating therein that while his brother Sunil Kumar was sitting with his wife in the room located at the back side of his house, at about 8.30 p.m, Shiv Kumar @ Pinku s/o Lakshman and Bachcha Pandey @ Subhas s/o Vishwambhar Pandey r/o Muhalla Imamganj Babhaiya, Mirzapur came there and demanded money. On refusal, they threatened to kill him and went away. In the meantime, hearing noise, his father Harishankar came into the room. Further, at about 8.45 p.m., Shiv Kumar @ Pinku and Bachcha Pandey again came to the house with countrymade pistol and on exhortation of Bachcha Pandey, Shiv Kumar @ Pinku shot fire at his brother Sunil Kumar who had died on the spot. Both the accused fled away on their making hue and cry. There was electric light inside and outside of the house. Dead body of his brother was lying on the spot. Tahreer was scribed by Moolchand s/o Nanhakuram r/o Kotwali City, District Mirzapur.

(3.) S.S.I. R.D. Kaithal was handed-over the investigation of the case who along with other officials went to the place of occurrence where he conducted the inquest of the body of deceased Sunil Kumar and got the inquest report prepared by S.I. Jitendra Pratap Singh at his own instance and also got prepared other papers required for the purposes of post-mortem. Dead body was sealed and handed over to constable Kedar Rai and home guard Subedar who brought it to the mortuary, District Hospital, Mirzapur.