LAWS(ALL)-2004-1-248

SHEO PRASAD TIWARI Vs. STATE OF UTTAR PRADESH

Decided On January 16, 2004
Sheo Prasad Tiwari Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) '' Appellants, Sheo Prasad Tiwari alias Ulli, Lalloo Harijan, Chhitani Lodh and Chaubey Lodh have preferred this appeal. They were tried alongwith one Ram Sharan Shukla in Sessions Trial no. 140 of 1980, who has been acquitted. The appellants were convicted under Section 394 I.P.C., and sentenced to five years rigorous imprisonment, under Section 302/34 I.P.C. sentenced to imprisonment for life and under Section 323/34 I.P.C. sentenced to six months rigorous impri -sonment. The sentences were ordered to run concurrently. The judgment and order was passed by the then V Addl. Sessions Judge, Allahabad on 17 -6 -1981.

(2.) DURING pendency of the appeal Sheo Prasad Tiwari alias Ulli, Chhitani Lodh and Chaubey Lodh have died and the appeal was ordered to abate against them by order dated 23 -10 -2003. The only surviving appellant is Lalloo Harijan.

(3.) INFORMANT Ram Rekh Singh P.W.2 alongwith his brother Munni Singh P.W.1 and Dhunni Singh alias Ram Rakhan Singh (deceased of the case) lived in village Ten Shah Alambad police station Manjhan Pur district Allahabad. A litigation was going on in between the informant and his brothers with one Gajendra before the Consolidation Officer at Manjhanpur. The acquitted accused Ram Sharan Shukla was guardian of Gajendra. On the date of occurrence, i.e. 13 -12 -1979 the informant and his above two brothers alongwith Dassu P.W.4 were going to attend the above case at Manjhanpur on cycles. In the way at Maruki Brijendra Singh met and joined them. When they reached in between villages Khora and Bhelkha all the five accused appellants met them. Ram Sharan Shukla (since acquitted), Chhitani Lodh, Chaubey Lodh (since dead) and the surviving appellant Lalloo were armed with lathis and Sheo Prasad Tiwari alias Ulli (since dead) was armed with Pharsa. It was 10 A.M. at that time when the accused persons assaulted Dhunni Singh by Pharsa and Lathis. Informant also sustained lathi injuries. In the meantime, Ram Sharan Shukla snatched the gun and belt of cartridges from the informant which he was carrying while proceeding to consoli -dation court and fired at Dhunni Singh twice on the neck and hip. On alarm raised by them several persons arrived at the place of occurrence. Dhunni singh alias Ram Rakhan Singh died on the spot and the accused persons ran away alongwith the gun and belt of cartridges. The informant got a written report scribed by Brijendra Singh and it was lodged at police station Manjhanpur on 13 -12 -1979 at 11.15 A.M. The case was registered and investigated by Sub Inspector Hanuman Prasad Misra P.W.8. The informant Ram Rekh Singh was sent for medical examination. Dr. Siya Ram Singh P.W.6 examined his injuries on 13 -12 -1979 at 2 P.M. and found following injuries on his person: 1. Contusion 3 cm x 2 cm on the front part of right wrist. 2. Contusion 4 cm x 2 cm on back of the left calf muscle. 3. Contusion 5 cm x 2 cm on back of the upper part of the chest right side. In the opinion of the doctor the injuries were simple and could have been caused by lathi at about 10 A.M. on the same day. The dead body of the deceased Dhunni Singh was sent for postmortem examination and the postmortem examination was conducted by Dr. A.B. Das Gupta P.W.3 on 14 -12 -1979 at 2.30 P.M. and following anti -mortem injuries were found on his person: 1. Incised wound 10 cm x 2 -1/2 cm x brain deep transversely across the top of the head 17 cm above the bridge of the nose with cutting (fracture) of both the parietal bones + brain underneath. 2. Incised wound 8 cm x 2 cm x brain deep on the left side head 3 cm above the left ear with cutting of the left parietal bone underneath. 3. Incised wound 7 cm x 2 cm x muscle deep on the back of the head 2 cm below + behind the left ear. 4. Gun shot wound of entrance 2 -1/2 cm x 3 cm x mouth cavity + brain deep on the left side of the face just infront of the left ear. Margins of the wound are inverted ecchymosed and scorched with tattooing marks with fracture of the upper jaw skull + lacerated brain in and around it.