MAKKHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Satish Trivedi, learned Senior Advocate assisted by S/Sri A.K. Pandey, A.N. Mishra, Ashish Mani Tripathi, learned counsel for the appellants, learned AGA for the State of U.P. and Sri S.P. Singh, learned counsel for the complainant.

(2.) Three appellants Makkhan son of Dwarika, Pyare and Nanhey sons of Baladin, have preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (in short referred to as Cr.P.C.) challenging the conviction and sentence recorded against them by the Ist Additional Sessions Judge, Jaunpur, in S.T. No.89 of 1982 State Vs. Makkhan and others, under Sections 302/34 of the Indian Penal Code (in short referred to as IPC) relating to Case Crime No.126 of 1982, Police Station Kotwali, District Jaunpur, vide judgment and order dated 10.6.1983. Each of three appellants was convicted under Section 302/34 IPC and sentenced to undergo imprisonment for life. One co-accused Ram Kishun son of Nanhku was not held guilty under Section 302/34 IPC and was acquitted finding him to be entitled to the benefit of doubt.

(3.) The prosecution story as unfolded is that on 18.2.1982, Ratti Lal (deceased) in the afternoon had gone to see his field and ease himself on the river Gomti. On his return journey, he reached the southern gate of Lalji Chitra Mandir at 4:30 p.m., his wife Smt. Chandrawati Devi PW-3, his son Ravindra Kumar were following him at the distance of 15 paces. The first informant Achchey Lal PW-1 was standing near his Gumti situated towards the West of his restaurant namely Pushpanjali restaurant. At that time, the accused Makkhan, Pyare and Ram Kishun armed with country made pistol along with co-accused Nanhey having bomb came there. Seeing Ratti Lal coming from northern side, they fired at him. The accused Nanhey took out bomb from his plastic bag and hurled at Ratti Lal, then the accused Pyare came near and fired at Ratti Lal from a close distance which hit him in his chest.