SHYAM BABU Vs. STATE OF U P

JUDGEMENT

(1.) THE three appellants are Shyam Babu, Lavlesh alias Pappu and Ram Bahadur Lohar who have challenged their conviction and sentence under Section 302 I.P.C. recorded by Additional Sessions Judge (F.T.C. No. 1), Fatehpur on 31 -1 - 2002 in S.T. No. 77 of 2000. Each of them has been sentenced to life imprisonment and a fine of Rs. 10,000. In default of payment of fine, each has to undergo further rigorous imprisonment for one year.

(2.) THE incident occurred on 9 -11 -1999 at about 5.00 p.m. near the culvert of minor canal of village Moraon within the Police Station Thariayon, District Fatehpur and F.I.R. was lodged the same day at 9.15 p.m. by Om Dev Singh PW 1. The distance of police station from the place of occurrence was about 5 Kms. and the deceased of the incident was informant's brother Indradeo Singh. Three accused -appellants were allegedly armed with country -made pistols. The prosecution case, as revealed from the F.I.R. and the evidence adduced on record, was that the deceased Indradeo Singh was employed in Electricity department at sub - station Thariayon, but he was also the Manager of a Junior High School situated in the village aforesaid. About ten years before the incident, Ram Bharosey alias Chhedda father of the accused - appellant Shyam Babu was the. Manager of the School. After his death, Shyam Babu wanted to become the Manager. However, the Management Committee had elected Indradeo Singh as the Manager Shyam Babu did not like it and started nurturing grudge against Indradeo Singh.

(3.) CONSEQUENT upon the lodging of F.I.R., a case was registered. SO. Thariyon Chandra Bhan Singh was informed on R.T. Set and joined by S.I. Ramveer Singh PW 3 on the way to reach the spot. The Investigating Officer Chandrabhan Singh PW 5 busied himself with the activities related to the investigation of the case. Getting prepared the inquest report and other papers by S.I. Ramveer Singh, the dead body was sealed and sent for post -mortem which was conducted by Dr. R.K. Mishra PW 6 on 10 -11 -1999 at 3.00 p.m. The deceased was aged about 48 years and nearly a day had passed since he died. The following ante -mortem injuries were found on his person: