SUSHIL KUMAR DWIVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) Criminal Appeal No.2558 of 2014 has been filed along with Criminal Appeal Nos.2559 of 2014, 2582 of 2014, 2639 of 2014 and 2640 of 2014 challenging the judgment and order dtd. 26/6/2014 passed by the Court of Additional District and Sessions Judge, Court No.5, Kanpur Nagar.

(2.) On 5/3/2014 at about 9.00 pm, it has been alleged in the FIR which itself was lodged on 5/3/2014 at 23.00 pm (11.00 pm) at police station Govind Nagar, District Kanpur Nagar, that in Flat No.HIG 304 Ratan Lal Nagar Rudra Vatika, Kanpur Nagar the first informant along with his real brother's wife Neeta Singh, his maternal brother (mamera bhai) Tilak Singh along with Nishi, Nidhi, Abhay, Tushar, the children of his real brother was present. At around 9.00 pm the call bell rang and in response thereto Neeta, the wife of his brother, opened the door. Upon opening the door, Sonu Saxena, who lived in a neighbouring flat, enquired as to where Puti (husband of Neeta) was and to this question Neeta had replied that he had gone to Lucknow. Along with Sonu Saxena, Sonu Dwivedi had also come and very abusingly he said that she would not tell where Puti was unless they made her naked and was taken around. When the first informant and his cousin Tilak heard about this statement being made by Sonu Dwivedi, then the first informant along with his nephews and nieces came to the door to inquire as to who was being disrespectful to his brother's wife. Upon reaching there, the first informant has stated, in the FIR, that he along with others saw that Sonu Saxena @ Anesh Saxena, Guddu Dwivedi @ Santosh Kumar Dwivedi had revolvers in their hands while Sonu Dwivedi, Anil Shukla and Tanu Shukla had country made pistols in their hands. Upon reaching the door, when Tilak the Mama's son of the first informant told Sonu that he may not be disrespectful to Neeta Singh then Guddu Dwivedi said that Tilak be also picked up from the house and taken away. While this was happening Tanu Shukla @ Shravan Kumar Shukla and Anil Shukla put their country made pistols on the temples of the foreheads of Neeta Singh and Tilak Singh and took them downstairs and throughout they kept asking as to where Puti was and said that if they did not reveal where Puti was, they would kill them with their guns. While this was happening, the first informant and the young nephews and nieces shouted for help. However, Sonu Saxena and Guddu Dwivedi who were having revolvers in their hands shot at Neeta Singh and Tilak Singh indiscriminately and thereafter they all got into their Santro Car which was parked outside and went away. It has been stated in the FIR that the whole incident had occurred in a crowded area and that after the incident had occurred the whole area was gripped with fear and everybody of the area closed their doors and windows. He has categorically stated in the FIR that the incident occurred due to the fact that there was some transaction of money and old enmity. It has further been stated that after the incident had occurred, the local police had taken the injured to the Hallet Hospital where Neeta Singh was declared dead and Tilak Singh was directed for being further treated to a better hospital. Through the FIR, the first informant had prayed that the FIR be lodged and action be taken. Specifically the first informant had stated that other than Sonu Saxena, all the other three accused persons were residents of Nauraiya Kheda, Police Station Govindpur.

(3.) Upon the FIR being lodged, the police got into action and the investigation thereafter commenced. On 10/3/2009, the SubInspector B.P. Mishra along with Constable Ashutosh Mishra and Vinod Kumar who were in their Jeep along with the driver J.P. Yadav while they were searching for the accused of the incident which had occurred on 5/3/2009 and of which FIR was lodged on the same date and was registered as Case Crime No.127 of 2009 under Sec. 147, 148, 149, 307, 308, 504 and 506 IPC and Sec. 7 of Criminal Law Amendment Act, they reached the Dada Nagar factory area crossing and when they reached the Factory No.H-10, they spotted someone who panicked on seeing the police jeep. Before being spotted, he was hiding behind the Factory No.H-11. Upon being suspicious the Sub-Inspector B.P. Mishra along with the Constables and the Driver who were accompanying him at 6.30 in the morning caught hold of that person. When the name of that person was asked, he informed that he was Sonu Saxena @ Anesh Saxena, resident of 405, Flat Rudra Vatika Apartment, area 304 Ratan Lal Nagar. Upon further searching him, it was found that he had a licensed revolver No.NPG-21798 and that it was a .32 bore revolver. Along with the revolver, four live cartridges of .32 bore were also recovered from him. After the recovery of the firearm along with bullets, a case was registered as Case Crime No.134 of 2009 under Sec. 25/27-A of the Arms Act read with Sec. 7 of the Criminal Law Amendment Act. The apprehended person Sonu Saxena @ Anesh Saxena upon being questioned, informed that on 5/3/2009 he had, with his licensed revolver, fired at Neeta Singh and Tilak Singh. Thereafter Sonu Singh was arrested.