INDRA JEET Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been filed under Section 374(2) Cr.P.C. by convicts Indrajeet and Gulab against the judgment and order dated 19.12.1985 passed by Vth Additional Sessions Judge, Gorakhpur in Sessions Trial No.270 of 1985, P.S. Bargadwa, District Gorakhpur convicting appellant Indrajeet under Section 302 read with Section 34 I.P.C. and appellant Gulab under Section 302 I.P.C. and sentencing them to undergo life imprisonment.

(2.) THE brief facts relating to the appeal are that on 11.2.1985 at 07:10 a.m. an F.I.R. was lodged by Om Prakash against Gulab and Indrajeet with the allegations that "there had been enmity of accused persons with applicant and his family members since the times of elections of village Pradhan on account of which, last year the accused persons attempted on his life but failed, regarding which case under Section 307 I.P.C. is pending; that his brother Ram Bharose lives in village Nauniya while he lives in village Padari Khurd to look after the land in respective villages; that Yesterday his brother Ram Bharose went to complainant's place village Padri Khurd and on his return complainant, Mahadeo and Ram Naresh accompanied him to village Nauniya and stayed in the house of Ram Bharose; that at about 11:00 p.m. when the complainant, Mahadeo and Ram Naresh were sleeping under Chhappar and Ram Bharose was sleeping in Varandah with his family, in his house, two persons entered the house, uncovered the blanket of his sleeping brother and switched on their torch, upon which wife of Ram Bharose, Smt. Gharghumna switched on her torch and seen the culprits of whom Gulab was armed with revolver in his hand accompanied with Indrajeet, and on exhortation of Indrajeet, Gulab fired on the temporal region of his brother Ram Bharose; that on hue and cry made by Smt. Gharghumna the complainant, Mahadeo and Ram Naresh woke up switched on their torches and seen Gulab and Indrajeet fleeing from the spot; that since the accused had fire arms so they could not be chased and since brother of complainant fell unconscious due to firearm injury on vital part so he was taken to Duddiwari Government Hospital where, after providing first aid, he was referred to Michlaul Hospital; that on way to Michlaul, Ram Bharose breathed his last near village Nauniya and so his body was kept at the door of his house; that information is being given which could not be given earlier due to night and distance from police station."

(3.) IN order to prove its case, the prosecution apart from documentary evidence has produced, first informant and eye witness Om Prakash as P.W. -1, Eye witness and widow of deceased Smt. Gharghumna as P.W. -2, Eye witness, Mahadeo as P.W. -3 and formal witnesses S.I. Bhupendra Singh who prepared Inquest Report, Constable Ram Prasad, Constable Daya Shankar Yadav, S.I. S.P. Singh Investigating Officer and doctor who conducted post -mortem, Dr. A.P. Singh as P.Ws. -4 to 8 who corroborated and proved the documentary evidence, which was marked exhibit. After completion of prosecution evidence, the statements of accused Gulab and Indrajeet were recorded under Section 313 Cr.P.C. and on opportunity for defence evidence, the accused persons filed two papers on 10.12.1985 per list 21 -B and did not produce any oral evidence.