RUDAL SHAHI Vs. STATE OF U P

JUDGEMENT

(1.) The three appellants, namely, Rudal Shahi, Yogesh Shahi and Ashok Kumar Rai are before this Court in appeal, challenging the judgment and order dated 7/1/1982 passed by Sri C.L. Anand, the then III Additional Sessions Judge, Gorkhpur in Sessions Trial No. 292 of 1979. They have been convicted under Section 302 read with Section 34 I.P.C. and sentenced to life imprisonment. There was fourth accused Ram Pratap Shahi (real brother of appellant Rudal Shahi) who died in a boat accident after the framing of the charge. Rudal Shahi and Yogesh Shahi are cousins and third appellant Ashok Kumar Rai is said to be their friend.

(2.) The incident took place on 29/12/1978 at about sunset in village Lakhnapar, P.S. Barhalganj, District Gorakhpur and the F.I.R. was lodged the same day at 6.45 P.M. by Kameshwar Shankar Tiwari PW 3. The deceased was one Bashishtha Tiwari. The background and facts leading to the trial are as follows;

(3.) Some four months before the incident, there had been an altercation between Bashishtha Tiwari deceased, Satyendra Tiwari, Chauthi Mishra alias Vinod and the complainant Kameshwar Shankar Tiwari on the one hand and Vinod Kumar Shahi on the other. Since then Vinod Kumar Shahi was in search of an opportunity to take revenge on them. He had formed a group of which the accused Ram Pratap Shahi, Rudal Shahi, Yogesh Shahi were main members. On account of this enmity, the accused appellant Ashok Kumar Rai, Shyam Narain, accused appellant Yogesh Shahi, Vinod Shahi, Anand Kumar Shahi and Pramod Kumar Shahi had assaulted Ram Singer Pandey (of complainants party) two days before the incident regarding which a report had been lodged.