NANHA Vs. STATE OF UTTAR

JUDGEMENT

(1.) Heard Sri Alok Sharma, learned counsel for the appellants, Sri R.Y. Pandey, learned AGA assisted by Sri Rajeev Ojha, brief holder for the State and perused the record.

(2.) This criminal appeal challenges the judgment and order dated 21.2.2003 passed by the Additional Sessions Judge, Court no. 3, Shahjahanpur in S.T. No. 247 of 2000, State versus Nanha and another, whereby the appellants have been convicted under section 302 IPC and 25 Arms Act and sentenced them to life imprisonment under section 302 IPC and one year's imprisonment with fine of Rs. 1000/- each under section 25 of the Arms Act. The trial court also provided that in case of default in payment of the fine, they would undergo three months' further imprisonment. All the sentences were ordered to run concurrently.

(3.) The prosecution case in brief is that a written report dated 13.11.1999 was submitted to the SHO, Police station Roja, district Shahjahanpur, inter alia that complainant Avneesh @ Sakoo, with his brother Rajeev Mishra @ Raku, sons of Braj Bhushan Dayal, resident of Reti, Police station Ram Chandra Mission, Shahjahanpur, and Ajay Bhadoria, resident of Reti, village Niwajpur, were at Awadh Road Lines Transport. A quarrel took place between his brother Rajeev Mishra alias Raku, Nandu son of Jagdish Prasad Gupta and Mashkoor alias Guddu and Nanha, driver and cleaner respectively of Truck No. UP 21/9744 , with regard to overtaking of the truck. There was some Marpit between them and Nanha went away threatening Rajeev Mishra alias Raku, (hereinafter referred to as Raku), brother of the complainant. At about 12.30 P.M. when the complainant with his brother Raku and Ajay Bhadoria were coming to the transport office after taking food from hotel and had reached the road going towards village Niwajpur, Nanha and his companion Dilip armed with country made pistols suddenly got down from a Tonga. They chased Raku, who ran towards village Niwajpur in order to save his life but the two accused persons caught him about 20 - 25 steps away and shot at him. As a result of the injuries Raku fell down there. In the written report the incident is said to have been witnessed by the complainant and other persons, who tried to catch the accused persons but they aimed their Tamancha at them, so due to fear the witnesses could not chase them and the accused persons ran away through the agricultural fields. The complainant then took injured Raku on his truck to the hospital and on reaching there he died.