BRAJ KISHORE TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal is directed against the judgement and order dated 4.5.1983 passed by the Additional Sessions Judge, Allahabad in ST No. 260 of 1982 whereby all the three appellants Brij Kishore, Kaushlesh Kumar and Ambikesh have been convicted and sentenced to life imprisonment under section 302/34 IPC and seven years' rigorous imprisonment under section 307/34 IPC. However, all the sentences were directed to run concurrently.

(2.) As the appellants Brij Kishore and Ambikesh have died, the appeal filed on their behalf has already been abated vide order of this Court dated 20.11.2007. Now only the appeal of Kaushlesh survives.

(3.) Briefly, the prosecution case was that there was enmity between the informant Lalit Kumar's family and the family of Brij Kishore. 5-6 days prior to the incident in question, Brij Kishore had tried to get the father and brother of the informant Ashok Kumar murdered by hirelings. However, they survived, but they were admitted to hospital due to the injuries received. On the date of incident, i.e. 18.5.1982 at about 9.00 a.m., the informant and his brother Rajesh Kumar, the deceased and his maternal uncle (Mama's) son Amrit Lal, were proceeding towards Allahabad on cycles. The deceased, Rajesh was riding the cycle and Amrit Lal was riding pillion. The informant Lalit Kumar was following these persons at some distance on his cycle. Co-villagers Bachai Ram and Raj Kumar Mishra were also riding cycles and they were talking. As soon as the informant and the witnesses came near Chirai Ka Purva, in front of the Mirzapur road, Brij Kishore Tiwari armed with SBBL gun and his two sons Ambikesh armed with DBBL guns and Kaushlesh carrying an SBBL gun emerged on the road, Brij Kishore exhorted that the Sala should not be allowed to escape, then all the three persons fired from very near because of which Rajesh Kumar and Amrit Lal received firearm injuries. On the cries raised by the witnesses, the three assailants giving life threats, fled away towards the east on a motorcycle. This incident was witnessed by Bachai Ram, Raj Kumar and others. When the informant was bringing his brother to the hospital, he died on the way. His cousin brother Amrit Lal proceeded to the Allahabad Hospital along with Constable Ojha. A report of the incident was lodged at 9.45 a.m. on 18.5.1982 at PS Karchana, district Allahabad, on the basis of which the chik FIR and necessary GD entries were made by Head Muharrir Lal Bahadur Singh, P.W. 4.