SUNIL PASI Vs. STATE OF U.P

JUDGEMENT

(1.) Three appellants herein Sunil Pasi (A-1), Vinod (A-2) and Harendra Singh (A-3), in above two connected criminal appeals, have challenged impugned judgment and order of their conviction and sentence dated 9.6.2006, recorded by Session's Judge, Deoria in S.T. No. 112 of 2005, State versus Sunil Pasi And Others, by which learned trial Judge has convicted all of them under sections 148 I.P.C. and (A-1) under section 302 I.P.C. and (A-2) and (A-3) under sections 148,302/149 I.P.C. P.S. Gauri Bazar, district Deoria. All the appellants were sentenced to 3 years RI U/S 148 I.P.C. and life imprisonment U/S 302 and 302/149 I.P.C. respectively. Both the sentences of all the appellants have been ordered to run concurrently.

(2.) Narrated concisely prosecution allegations against the appellants, as are evident from the written report Ext. Ka-1, lodged by the informant Manish Yadav PW1, and testimonies of fact witnesses- informant PW1, Radhey Shyam Yadav PW2 and Ram Yadi PW4, are that on 15.6.2004 at 8 A.M., on his TVS victor motor cycle, informant P.W. 1 and his elder brother Ram Kripal Yadav (deceased) had gone to tempo stand under Baitalpur Block to fetch two masons and four laborers. Because laborers told them that they will come after sometimes, therefore, informant and the deceased sat down on two benches facing each other under a tin shed, in front of Lootan Gupta S/O Ram Suchit Gupta's tea shop situated close by besides Baitalpur Barpar road, to enjoy tea. At 8.50 A.M. three appellants (A-1) to (A-3) accompanied with two unknown socio criminis companions arrived at the said tea shop and in no time (A-1) shot the deceased at his back from his country made pistol from point blank range causing his instantaneous death. (A-2) and (A-3), thereafter, hurled bombs on the opposite side, on the road, making threatening utterances to facilitate their escape. Committing murder all the malefactors escaped towards the south. Soon after the murder 3-4 police personnel of police outpost Baitalpur arrived at the incident scene on their motor cycles.

(3.) After half an hour informant Manish Yadav PW1 got a written report, Ext. Ka-1, scribed from his uncle Shiv Charan Yadav about the murder and leaving the corpse of his elder brother at the murder spot in the guard of arrived police personnel, covered 8 kms distance to P.S. Gauri Bazar, and lodged his written report at 9.30A.M. same day.