SUKHLAL Vs. STATE OF U P

JUDGEMENT

(1.) In this capital appeal the appellant has challenged the judgment and order dated 25.3.2011/30.3.2011 in the Sessions Trial No. 46 of 2002 passed by the ADJ-II, Kaushambi. The appellant was convicted and sentenced to death under Section 302 IPC with the fine of Rs.10,000/-. The death reference no. 7 of 2011 was also sent by the trial Court for confirmation.

(2.) The prosecution case is that the FIR dated 18.9.2001 was lodged by Natthu Lal son of Sarju Prasad at about 20:30 hours. Averments in the FIR are that on 18.9.2001 at about 6:20 P.M. the informant with his two sons namely, Subhash and Suresh were returning after easing themselves near the pond, when they reached near the shop of one Rajendra Gupta, the appellant Sukhlal opened fire on them by his DBBL licenced gun. The fire struck his son Subhash and they ran towards the house of one Nanku Yadav to save their lives. They raised an alarm as a result of which the villagers reached the spot and challenged appellant Sukhlal. He ran away carrying his gun. After a few minutes, the informant alongwith Ram Bhawan, Ram Naresh, Sukesh, Mittal Singh Yadav and Suresh Yadav left for the hospital for treatment of injured Subhash. The informant and Ram Bhawan were on one cycle, Ram Naresh and Sukesh were on another and injured Subhash and Suresh Yadav were on pillion of the motorcycle of Mittal Singh Yadav. When they reached near the first 'Pulia', the appellant Sukhlal stopped them and opened indiscriminate firing with his DBBL gun threatening them that he would not allow them to lodge the report. The fire struck Sukesh and Ram Naresh who died on the spot. Hearing the noise of gunshots and screams of the deceased, some villagers reached the spot. They challenged Sukhlal who ran away firing. At the time of second incident near 'Pulia', the informant and others witnessed the incident in the torch light and head light of the motorcycle. The informant reached the police station to lodge the FIR leaving the dead bodies of Sukesh and Ram Naresh at the place of incident.

(3.) The prosecution case is that three murders were committed by the appellant and he opened indiscriminate firing upon the informant and his two sons near the shop of Rajendra Gupta with an intention to eliminate them. However, the fire struck one of them namely Subhash. Dissatisfied, he again trapped them and killed two persons on another spot near the village. The prosecution has examined the witnesses of fact PW-1 Natthu Lal, informant and PW-2 Ram Bhawan father of deceased Ram Naresh. The formal witnesses are PW-3 Constable V.D. Mishra, the witness of the inquest; PW-4 Dr.S.M.M. Naqvi is the doctor who conducted the post mortem on the dead body of Ram Naresh; PW-5 Ram Kumar is the scribe of the check FIR lodged on the basis of written report given by Natthu Lal and made entries in the G.D; PW-6 is Dr. R.P. Shukla who conducted the post mortem on the dead bodies of Sukesh and Subhash; PW-7 Narendra Kumar Singh. is the investigating officer.