MUNIM @ MUNNA Vs. STATE OF U P

JUDGEMENT

(1.) CRIMINAL Appeal in question has been preferred by the appellants against the judgement and order dated 05.09.2008 passed by Sri Ram Chandra (HJS) Additional Sessions Judge, Fast Track Court Pratham, Banda in Session Trial No. 259 of 2005, State Vs. Bhaiya Lal and others convicting and sentencing the appellants under Section 147 IPC, two years Rigorous Imprisonment and under Section 148 IPC two years Rigorous Imprisonment and under Section 302 read with 149 IPC for life imprisonment and fine of Rs. 5000/ - each and on non payment of fine, six months additional imprisonment of each and appellant no. 1 has been additionally convicted in Session Trial No. 260 of 2005 under Section 25 Arms Act, State Vs. Bhaiya Lal for two years Rigorous Imprisonment and fine of Rs. 1000/ - and on non -payment of fine six months additional imprisonment. The sentences to run concurrently.

(2.) FACTS giving rise to present criminal appeal in brief are that a First Information Report was lodged at Police Station Kamasin sub -district Baberu district Banda on 08.03.2003 at about 9.20 AM by one Sushil Kumar son of Manjeet Singh Arakh in reference to incident in question having taken place at 10 pm on 07.03.2013 when informant claims that on 07.03.2013 he alongwith his maternal uncle Shiv Avtar was returning back by motorcycle after attending Tehravi ceremony and at 10 pm in the night when he reached near the field of Bahori Kachhi, then following persons namely Bhaiya Lal, Ram Avatar and Rajju sons of Jhinga Yadav alongwith Bahadura, Munim @ Munna and Sukha sons of Swamideen Yadav came out from the arhar field, and after seeing them in the light of motorcycle, the motorcycle was stopped, then the informant alighted himself and while deceased was trying to put his motor -cycle on stand, at the said point of time Sukha who was carrying axe (Kulhari), and Rajju who was armed with 315 bore Tamancha(country made pistol) and Bhaiya Lal, Munim @ Munna, Ram Avatar and Bahdura who were armed with gun and country made pistol opened 3 -4 fires and also attacked with axe (Kulhari) due to which his maternal uncle died on the spot and on account of fear, he remained hidden in field till morning and thereafter went to the village and then he has proceeded to lodge First Information Report after informing the family members. The said FIR has been registered as Case Crime No. 52 of 2003 under Section 147/148/149/302 IPC and pursuant to the same, inquest was carried out on 08.03.2013 and the dead -body was sent for post -mortem examination and the post -mortem in question was carried out on 09.03.2003 at Sadar Hospital Banda.

(3.) DURING the course of investigation prosecution has come up with the case that on 09.03.2003 they received information in respect of movement of the accused persons and then three accused persons, namely Bhaiya Lal, Ram Avatar and Rajju were arrested and on search being effectuated, from Bhaiya Lal a country made pistol of 315 bore in working condition alongwith live cartridges had been recovered and accordingly fard was prepared and from accused Ram Avatar and Rajju nothing has been recovered as both of them stated that the firearm used by them is lying with Bahadura. In view of the recovery being effectuated from accused Bhaiya Lal, another case being Case Crime No. 53 of 2003 under Section 25 of the Arms Act was registered.