ANGAD RAI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Kamal Krishna, learned Senior Advocate assisted by Sri Shashi Bhushan Kunwar and Sri Pradeep Kumar Rai, Advocates for the appellant Angad Rai @ Jhullan Rai @ Fhulak; Sri Dileep Kumar, learned Senior Advocate assisted by Ms. Shambhawi Shukla, Advocate for the appellant Umesh Rai @ Gora Rai; Sri Arunendra Kumar Singh, learned AGA for the State; Sri Durgesh Kumar Singh, learned counsel for the informant and perused the materials placed on record including the lower court records.

(2.) This appeal is by the accused Angad Rai @ Jhullan Rai @ Fhulak and Umesh Rai @ Gora Rai challenging their conviction and sentence vide judgment and order dtd. 26/9/2014, passed by the Additional Sessions Judge, Court No.01, Ghazipur in Sessions Trial No. 140 of 2006, arising out of Case Crime No. 493 of 2005, under Ss. 302, 506 IPC, Police Station Muhammadabad, District Ghazipur; whereby they have been sentenced to life imprisonment alongwith fine of Rs.10000.00 coupled with a default sentence of one year imprisonment, under Sec. 302 r/w 34 IPC and under Sec. 506 IPC, five years imprisonment alongwith fine of Rs.5000.00 coupled with a default sentence of six months, each. All the sentences are directed to run concurrently.

(3.) Accused appellants have been convicted and sentenced for the murder of Rajendra Rai (hereinafter referred to as the 'deceased') in the morning hours on 27/6/2005. A written report was made in respect of the incident by the father of the deceased namely Kapil Dev Rai. This written report was scribed by Rakesh Kumar Rai, who happens to be the son of the deceased. The written report states that the informant's son Rajendra Rai is an active member of political party (we deem it appropriate to avoid referring the name of party as it has no relevance for the matter in issue) and as the Zila Panchayat and Kshettra Panchayat Elections were nearby, as such, Afzal Ansari (Member of Parliament Ghazipur) and his younger brother Mukhtar Ansari (MLA) were attempting to get the deceased in their party. About fifteen days prior to the incident the deceased was stopped at Muhammadabad and was told that since he is the husband of the Ex-Block Pramukh of Block Bhawarkol if he leaves the company of Krishnanand Rai and joins their party, then he would be benefited and it would secure his life and property. Again on 26/27/6/2005, the aforesaid persons sent message through the accused Umesh Rai @ Gora Rai alongwith three others, who came to informant's house at village Vachchhalpur and threatened that since the deceased is not joining the political party of the aforesaid two persons and is also not dissociating himself with Krishnanand Rai, as such, his life is at risk. The informant's son got frightened and divulged the receiving of threat, to the informant. In order to report such threat to the police, the informant alongwith the deceased were going to police station in the next morning at about 6.30 am, when at village Mathiya, under a planned conspiracy of Mukhtar Ansari and Afzal Ansari, the accused Umesh Rai @ Gora Rai alongwith three unknown persons exhorted that as the deceased is not joining the party of Afzal Ansari and Mukhtar Ansari, as such, he would face the consequences. The informant's son ran in order to save himself but the accused chased him inside the house of Shiv Kumar Yadav and shot him dead. The informant's son accordingly has died and at the place of occurrence Chandra Shekhar Rai and various other persons have arrived, who have seen the incident, but due to fear of the accused they could do nothing. A request was thus made to lodge the report and take action against the guilty persons. Based on such written report, first information report (Exhibit Ka-7) came to be registered as Case Crime No. 493 of 2005, under Ss. 302/506/120B IPC at 7.40 a.m. at Police Station Muhammadabad, District Ghazipur. The distance between the police station and village Mathiya is stated to be about two and half kilometer. In the FIR three named accused were shown as Afzal Ansari, Umesh Rai @ Gora Rai, Mukhtar Ansari and the other three were unknown persons.