VIJAI Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 4.2.1982, passed by the Sessions Judge, Unnao in Sessions Trial No. 9 of 1981, whereby the appellant was convicted under Sections 302/34 IPC and sentenced to undergo imprisonment for life. He was further convicted under Section 307/34 IPC and sentenced to undergo rigorous imprisonment for seven years. Both the sentences were directed to run concurrently.

(2.) BRIEFLY stated, according to the prosecution case, Prem Shankar (P.W.3) had installed a betel shop under the Chhappar (thatched roof), which he had put along the southern wall of the Kothari, situated in village Kurmapur, which lies between Achalganj and Badrika. On the date of incident at about 3 -30 p.m, Sheo Shanker alias Munnu had come to the said shop and after taking betel and tobacco, he sat down on a Mend by the side of the Galiyara. Besides Prem Shankar, who was present at his shop, Ram Swaroop and two other residents of the village, namely, Bhairon and Asha Charan alongwith Shri Shanker of village Dhannipur were also standing nearby talking together. At about 3 -45 p.m, four persons carrying pistols reached there and started firing. The shots fired by them hit Sheo Shanker on the left side of his chest. Sheo Shanker ran for life towards the west. He then turned towards the south. The assailants, who were following the victim, fired successive shots and two of them hit Sheo Shanker, who died on the spot. Two of the assailants were recognized as Ram Babu and Vijai while the other two were strangers. The assailants, after committing the murder of Sheo Shanker, ran towards the south through fields. Shri Shanker, Ram Swarup and others, who were present at the shop at the time of incident, gave a chase to them. On alarm being raised by Shri Shanker, the residents of adjoining villages Shuklapur, Dhannipur, Gararian Khera, Korari etc. joined the pursuit. The assailants while fleeing fired further shots which hit Shri Shanker (P.W.4) and Rajole (P.W.5). The culprits were ultimately surrounded by the villagers. They were given severe beating, as a result of which Ram Babu died on the spot while the other three assailants were also seriously injured. The assailants disclosed their identity as Vijai, Ramesh Chandra and Hargovind. Ram Swarup, who had given up the chase of culprits earlier and had returned to the place where his father had fallen down, proceeded to P.S.Achalganj and lodged the first information report at 4 -15 p.m and a case under Section 302 IPC was registered vide G.D entry Ext.Ka 31.

(3.) THE investigation of the case was entrusted to SI H.K.Verma. SI Mahipal Singh was deputed to go in search of the culprits. SI H.K.Verma conducted inquest on the dead body of Sheo Shanker alongwith and prepared report vide Ext.Ka 7. He also prepared a diagram Ext.Ka 18, challan Ext.Ka 9 and letter to the Medical Officer Ext.Ka 10. He sent the dead body for post -mortem examination.