CHANDRAPAL Vs. STATE OF U P

JUDGEMENT

(1.) Ram Sewak, Asha Ram, Sarvesh, Smt. Kushla Devi, Chandra Pal and Ghanshyam were put on trial for charges under Sections 147, 148, 149 & 302 IPC in Sessions Trial No. 311 of 2004, by the learned Additional Sessions Judge, Court No. 4, Mainpuri. The learned Trial Court vide its judgment of conviction dated 21.3.2006 convicted the accused persons for the aforesaid charges and after hearing them on sentence on the same day, directed each of the accused persons to undergo rigorous imprisonment for 2 years under Section 147 IPC, rigorous imprisonment for three years under Section 148 IPC and rigorous imprisonment for life under Section 302/149 IPC along with a fine of Rs.2000/- each and in case of default of payment of which, an additional term of imprisonment of 6 months was to be suffered by each of the appellants. All the sentences were to run concurrently.

(2.) Chandra Pal preferred Criminal Appeal No. 1716 of 2006. Ghanshyan Singh preferred Criminal Appeal No. 1660 of 2006 and Ram Sewak, Asha Ram, Sarvesh and Smt. Kushla Devi preferred Criminal Appeal No. 1653 of 2006, to challenge the judgment of conviction and order of sentence.

(3.) The case originated on a written report (Ex. ka-1), wherein it was alleged that on 23.8.2004 at about 6 P.M., while informant along with his wife Ram Dulari (not examined) son Pappu @ Jitendra (deceased) and brother-in-law Kayam Singh (PW-2) were on their way back from Bhagwa Bazar to their house. It was drizzling and when they reached Jaswantpur tri-junction of roads, the accused persons who were waiting for them, caught-hold of his son Pappu @ Jitendra. Ram Sewak, alleged to be armed with country-made pistol, fired a shot which hit in the temporal region of Pappu @ Jitendra and the 2nd shot fired by accused Chandra Pal hit him on the other side of the temporal region. Smt. Kushla Devi, wife of accused-appellant Ram Sewak exhorted that Pappu @ Jitendra be not spared. The accused persons also pointed out guns and threatened the informant and persons present along with him dared to resort to any mischief, they too would not be spared. On arrival of passersby, accused persons fled away from there. It was, finally, alleged that the dead body of Pappu @ Jitendra was lying at the scene of occurrence, where his wife and brother-in-law were present, amidst incessant rains.