RAKESH KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) The appellants have preferred these two criminal appeals against the judgement and order of the Additional District and Sessions Judge/ Fast Track Court no.2, Azamgarh dated 23.1.2006, whereby the appellant Rakesh Kumar Gupta alias Rajesh Kumar Gupta has been convicted and sentenced to imprisonment for life, under section 302 IPC together with a fine of Rs. 5000/ . The appellant Rudal Chauhan has been convicted and sentenced to imprisonment for life under section 302/120B I.P.C and a fine of Rs. 5000/. In default of payment of the aforesaid fines, three months simple imprisonment was also awarded.

(2.) We have heard Sri Ashok Nath Tripathi, learned counsel for the appellants and Sri Akhilesh Singh, learned Government Advocate, assisted by Sri Danish Iqbal Faridi, learned A.G.A for the State.

(3.) The prosecution version as disclosed in the First Information Report lodged by Smt. Chandrawati Devi wife of deceased Ram Bachan Chauhan was that the deceased and the informant had gone to sleep at their tube-well after consuming food in the night of 17.11.2003. As it was cold, the informant had gone to light a fire on the western side of the tube-well. At about 9.00 P.M, two persons arrived there and fired on the deceased with a country made pistol and on the cry of the informant, the two accused persons, one of whom was a stocky person and the other who was a thin person ran away towards the south. The informant claims to have seen the two miscreants whilst they were running away by flashing her torch on them. On hearing the alarm, the villagers had arrived, who chased the accused and caught hold of one of the miscreants. When the informant Smt. Chandrawati Devi reached there, she identified him as the person, who had fired the shot that killed her husband. On enquiry, the miscreants gave out his name as Rakesh Kumar Gupta son of Ram Lal Gupta. Her husband was rushed to the Hospital by her sons and other co-villagers, but he expired on the way. As the miscreant had received injuries, when he was apprehended by the villagers, hence he had been admitted in District Hospital, Azamgarh. It was further mentioned by Smt. Chandrawati in her FIR that if the apprehended person was interrogated he would reveal the identity of the other miscreant who had run away. Smt. Chandrawati Devi got the report scribed by her son Indal Chauhan and handed it over at the police station Kotwali on 17.11.2003 , where a report was registered at 10.30 P.M.