CHANDRA MAULESHWAR Vs. STATE OF U P

JUDGEMENT

(1.) - Chandramuleshwar alias Bhaiya Lal and Babua have filed this appeal against the judgment of the Sessions Judge. Mirzapur dated 25-1-1977 passed in Sessions trial No. 142-A of 1975 convicting them under sections 302/34 and 307/34 Indian Penal Code and sentencing them to life imprisonment and seven years rigorous imprisonment respectively. Both the sentences were ordered to run concurrently.

(2.) Vijai Kali Shanker alias Lal Saheb co-accused is the son of Vishnu Prasad Misra co-accused. Chandramuleshwar alias Bhaiya Lal appellant is the nephew of Vishnu Prasad Misra co-accused and Babua appellant is the servant of Chandramuleshwar appellant.

(3.) The case-of the prosecution is that about 13 or 14 years prior to the occurrence Vijai Kali Shanker co-accused had filed a case against Raseele deceased and his brothers Chhabile (P.W. 3) and Rangile with respect to fight (marpit). About 5 or 6 years earlier Chandramuleshwar appellant had filed a case against Raseele deceased and his brothers Chbabile (P.W. 3) and Albele (P.W. 1). Bhawani Prasad the father of Chandramuleshwar appellant had fired at Albele (P.W. 1) prior to the occurrence. A report regarding that incident was lodged by Albele (P.W. 1) and a case against Bhawani Prasad was instituted on its basis. This resulted in strained relations between the appellants and the co-accused on the one side and Raseele deceased and his brothers on the other. On 30-6-1975 at about 11 A.M. while Prabhakar (P.W. 2) the son of Albele (P.W. 1) was playing chess with Raseele deceased at the shop of Bishambhar Nath (P.W. 4) in Vindhyachal at a distance of about one furlong from the temple and Chhabik (P.W. 3 and Bishambhar Nath (P.W. 4) were also present there Vishnu prasad Misra armed with a lathi and Vijai Kali Shanker co-accused armed with a revolver came there and on the instigation of the two appellants and Vishnu Prasad Misra co-accused, Vijai Kali Shanker co-accused fired five or six shots at them as a result of which Raseele deceased, Prabhakar (P.W. 2) and Chhabile (P.W. 3) received injuries. The appellants and the two co-accused thereafter ran away. Raseele deceased died while he was being taken to the hospital.