RAM KESHAN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellants in the above mentioned criminal appeals, learned A.G.A. for the State of U.P. and perused the lower court record.

(2.) THE appellant Ram Keshan has preferred the Criminal Appeal No. 1071 of 2011, the appellant Nand Kishore has preferred the Criminal Appeal No. 1127 of 2011 and the appellant Brahma Bhant has preferred the Criminal Appeal No. 1142 of 2011. All the above mentioned criminal appeals have been filed against the impugned judgement and order dated 4.5.2011 passed by learned Additional District and Sessions Judge, Court No. 2, Sitapur in S.T. No. 443 of 1999 whereby all the appellants have been convicted under section 302/34 IPC and sentenced to undergo life imprisonment with a fine of Rs. 5,000/ - each, in default of the payment of fine they shall further undergo one year each. The appellants Brahma Bhant and Ram Keshan have been further convicted under section 3(2)V SC/ST Act and have been sentenced to under go life imprisonment with a fine of Rs. 5,000/ - each, in default of the payment of the fine they shall further undergo the imprisonment of one year each. The appellant Ram Keshan has been further convicted under section 25(1 -B) of the Arms Act. In all the criminal appeals the bail applications have been moved by the respective appellant, therefore, all the bail applications are being disposed of by a common order.

(3.) FROM the perusal of the lower court record and impugned judgement it reveals that the FIR of this case has been lodged by P.W. 1 Baiju on 24.6.1999 at 11.30 P.M. in respect of the incident allegedly occurred on 24.6.1999 at about 9.30 P.M. alleging therein that on account of the litigation under section 107/116 Cr.P.C. against the appellant Nand Kishore and on account of the enmity with the appellant Brahma Bhant who had kept the wife of the first informant's brother, the alleged offence has been committed. On 24.6.1999 due to heavy rain fall and storm the mangoes were fallen from the trees, to collect the same the deceased Prem Chandra proceeded there calling the first informant and others to reach there very soon. The first informant, Kallu the brother -in -law of the deceased and Daya Shanker the nephew of the first informant also followed the deceased. At about 9.30 P.M. when they reached near the field of sugar cane, they saw the appellants and accused Rajesh armed with country made pistols, who were surrounded the deceased and they were hurling the abuses. They were challenged by the first informant Daya Shanker by fleshing the torch light, then they discharged the shots at the deceased. The deceased wanted to escape from the place of the incident but he was surrounded by the appellant Nand Kishore who caused a gun shot injury from a closed range, consequently he fell done. On sound of the firing and shouting made by the first informant many persons of the village came to the place of the incident but the accused persons left the place of the incident after extending the threat. When the first informant and others came to the place of the incident and saw the deceased in a dead condition, on account of the wet whether the dead body of the deceased after putting on cot taken to the house, leaving the dead body at the house, the first informant went to the police station to lodge the FIR, thereafter the inquest report was prepared and dead body was sent to the mortuary for post mortem examination. The post mortem examination of the dead body of the deceased was conducted on 25.6.1999 at 4.45 P.M. According to the post mortem examination report the deceased had sustained four gun shot wounds of entry in which injuries No. 1, 2 and 4 were having its exit wound. The injury No. 1 was 1x1 cm into bone deep on left side of the head above the left ear, it was surrounded by the blackening. The injury No. 2 was fire arm wound of entry 2.5x2.5 cm into cavity deep on the left side of the route of nose, it was also having the blackening. Injury No. 3 was 4x4 cm into bone deep on the left fore arm, it was also surrounded by the blackening and there was fracture of the numerous bone. The injury No. 4 was gun shot wound of entry 2.5x 2.5 cm into cavity deep on the stomach. On 26.6.1999 at about 10.30 A.M. The appellant Ram Keshan and Brahma Bhant were apprehended by the police and at the pointing out of the appellant Ram Keshan one country made pistol used in the commission of the murder of the deceased was recovered. From the side of the prosecution six witnesses have been examined. In which P.W. 1 Baiju, P.W. 2 Kallu are the witnesses of the fact. The remaining witnesses are formal witnesses. The statement of the appellants have been recorded under section 313 Cr.P.C. From the side of the accused persons D.W. 1 Ram Asray has been examined. P.W. 1 and P.W. 2 Kallu have supported the prosecution story and the deceased has sustained four ante mortem gun shot wound of entry.