RATAN PAHALWAN Vs. STATE OF U.P.

JUDGEMENT

(1.) These appeals have been filed against the judgment and order dtd. 22/3/2018 passed by the Additional District and Sessions Judge, Court No.12, Kanpur Nagar convicting the appellants-Ratan Pahalwan, Mahesh @ Maheshiya, Mewalal, Ram Kumar Mallah, Suresh @ Mandir and Vikas Maurya for life imprisonment under Sec. 302 read with Sec. 149 IPC. A fine of Rs.50,000.00 had also been imposed on each of the convict and in the event of non-depositing of fine, they had to undergo additional imprisonment of 180 days. Also, the accused Ratan Pahalwan, Ram Kumar Mallah and Vikas Maurya, under Sec. 4/25 of the Arms Act, were sentenced for one year rigorous imprisonment and a fine of Rs.1000.00 each was imposed and in the event of non-depositing of the fine, they had to undergo 30 days' additional imprisonment. The Accused Mahesh @ Maheshiya; Suresh @ Mandir and Mewalal were also sentenced for three years' rigorous imprisonment under Sec. 25/27 of the Arms Act with a fine of Rs.3000.00 each and in the event of nondepositing of fine, they had also to undergo 90 days' additional imprisonment. It was provided that all the sentences were to run concurrently.

(2.) Brief facts of the case are that on 30/7/2009 a First Information Report was lodged by one Gyanwati wife of Om Prakash. The FIR was got written on the dictation of Gyanwati by one Manoj Kumar son of Jamuna Prasad. In the FIR, it was mentioned that on 30/7/2009, the son of Gyanwati namely Sarvesh Pandit when was sitting with Munna Pandit and Dayaram in front of the Santoshi Maa Temple where a light bulb was on, at around 10.30 pm, Ratan Pahalwan son of Jagmohan, resident of 4/272 Purana Kanpur along with Mahesh @ Maheshi son of Ganga Prasad, r/o 5/237 Purana Kanpur; Ram Kumar Mallah and Suresh Mandir sons of Ganga Prasad, r/o 5/237 Purana Kanpur and Vikas son of Roshan Pahalwan who were armed with country made firearms and Chapad, approached Sarvesh Pandit and said that they would take the revenge of the death of Basant Pahalwan. Thereafter they surrounded Sarvesh and attacked him. Consequently, the son of the first informant died. In the FIR, the motive has been given that around 12-13 years prior to the lodging of the FIR, in the area of Police Station Nawabganj, Basant Pahalwan had been killed and in that the son of Gyanwati had been jailed and on account of this revenge, Ratan Pahalwan and others were inimical to her son and they always wanted to do away with him. Thereafter she categorically stated that the dead body of her son Sarvesh Pandit was lying under a tree and she requested that investigation be undergone and justice be done.

(3.) Thereupon investigation ensued. Six accused were arrested and on 14/8/2009 at the pointing of Mahesh, a country made pistol of 315 bore was recovered. In that regard, a recovery memo was prepared and an FIR was lodged under Sec. 4/25-A of the Arms Act. Similarly, the accused Ram Kumar Mallah on 14/8/2009 had got recovered a Chapad and against him also an FIR under the Arms Act was got lodged. On 30/8/2009, Vikas Maurya got recovered a Kulhadi (axe) and similarly against him also, an FIR under the Arms Act was got lodged. On 24/8/2009, Suresh @ Mandir had got recovered another .315 bore country made pistol and against him also, an FIR under the Arms Act was got lodged. On 7/9/2009, Mewa Lal son of Ganga Prasad had got another country made .315 bore pistol recovered and against him also, an FIR was got lodged. The firearms, as were recovered, were kept in the custody of the police and the recovery memos were accordingly prepared. From the spot, where the alleged murder had taken place, three empty cartridges and two bullets of .315 bore were recovered and they were kept in a tin box of which a recovery memo was prepared and was exhibited as Exhibit Ka-27. The plain soil and the soil on which there was blood was also recovered and a recovery memo was prepared and was exhibited as Exhibit Ka-28. After the FIR was lodged, the police had reached on the spot and had taken the body of Sarvesh Pandit to the Hallet Hospital where the Panchayatnama was got prepared. This happened on 31/7/2009. Thereafter the Constable Pradeep Kumar Rai took the dead-body for the post mortem.