HARI SHANKER Vs. STATE OF U.P

JUDGEMENT

(1.) Present Criminal Appeal under Sec. 374 (2) Cr.P.C. has been filed by the accused-appellants Hari Shanker, Lavkush and Radhey Lal against judgment of conviction dtd. 25/2/1989 and order of sentence dtd. 27/2/1989, passed by learned IInd Additional Sessions Judge, Lucknow in S.T. No.356 of 1987, arising out of Case Crime No.108 of 1987, under Sec. 302 I.P.C., Police Station Banthara, District Lucknow. By the impugned judgment and order, appellants have been convicted for the offence under Sec. 302 IPC and sentenced to undergo imprisonment for life.

(2.) The factual matrix of the case is that, on 20/6/1987 the informant Om Prakash Yadav had given a written Tehrir at Police Station - Banthara, District Lucknow that today, i.e. on 20/6/1987, he was washing his hands and legs at the platform of the well, situated in front of his house. A cot was also lying near the well upon which his sister Shanti and younger brother Shri Prakash were sitting. His father Raja Ram Yadav was sitting at the Thakht (wooden plank) under the thatched roof, which is adjacent to the main gate of his house. At about 7.15 P.M., accused persons Hari Shanker, Lavkush and Radhey Lal reached near the well. Hari Shanker was carrying a gun, whereas Lavkush and Radhey Lal were carrying country made pistols in their hands. Hari Shanker exhorted, abused and threatened them and all the persons reached near his father and opened fire upon him by their gun and country made pistols. Having received the bullet injuries, his father cried and fell down on the ground from the Takht (wooden plank). He died on the spot. All the three accused persons giving threat to life ran away towards east. The occurrence was witnessed by Siddh Nath and other persons of the Village along with the informant, his brother and sister. Due to the fear of firearm, nobody could resist the accused persons. The informant further mentioned that earlier accused persons were named in the occurrence of loot, which took place at the house of Cheda Yadav and Ram Kishan Yadav, and the accused were having doubt that his father Raja Ram has named them in the above occurrence. As a matter of fact, before the present occurrence, the accused Hari Shanker and Lavkush were arrested by the police of Police Station Banthara for carrying illegal arms. In that arrest also, the accused were having doubt that they were caught by the police at the pointing out of his father. Due to the above enmity, they have killed him in above manner.

(3.) On the basis of the above complaint/Tehrir, an F.I.R. was lodged by the police of Police Station Banthara at 23.10 hours on 20/6/1987, vide Case Crime No.180/1987, under Sec. 302 IPC. The distance of the Police Station from the place of occurrence has been shown as 8.00 Kms.