AWADHESH Vs. STATE

JUDGEMENT

(1.) This criminal appeal arises from the judgment of the IInd Additional Sessions Judge, Azamgarh, convicting and sentencing the appellants Awadhesh, Krishna Nand, Buddhu alias Iftikhar and Surendra to imprisonment for life under Sections 302/149 I.P.C. As the appellants Awadhesh and Suresh have died and there is a report of the C.J.M. Mau dated 25.5.2005, verifying this fact and along with this report the death certificate issued by the Pradhan, Gram Panchayat Paraspura, district Mau has also been received, hence the appeal against appellants Awadhesh and Suresh abates. Only the appeal on behalf of Krishna Nand and Buddhu alias Iftikhar survive for consideration by this Court.

(2.) The case as set out by the prosecution is that an F.I.R. was lodged in this case on 14.7.1978 at 4.15 a.m. by informant Bhola Yadav, son of deceased Patiraj at P.S. Chiraiyakot, district Azamgarh. The allegations in this case were that there was enmity between Awadhesh and the informant, who were pattidars. On 10.6.1978 Awadhesh, his brother and father assaulted the informant's father and uncle, about which a report was lodged in that case. Awadhesh's father and brother Lal Chand and Sarjoo were taken into custody, whereas Awadhesh had not surrendered. On 12.7.1978 Awadhesh has visited the informant's house and threatened his mother that as his father and brother had been sent to jail he would bring darkness in her life.

(3.) On the date of incident, i.e. in the night of 13/14.7.1978, the informant was sleeping at the door of his Mandai (hut) along with his relation Suryadeo Yadav whilst his father Patiraj and uncle Parashuram were sleeping on separate cots outside. At about 2 a.m., 12-14 persons armed with lathies, spear, gandasa, bomb, countrymade pistol, tanga and gupti arrived there and began assaulting Patiraj and Parashuram. On the noise, the informant Bhola Yadav and his relation Suryadeo woke up. On flashing their torches, they saw their neighbour Awadhesh armed with a countrymade pistol, appellants Krishna Tiwari and Buddhu armed with tangas and Rashid resident of Madusara carrying a bomb and Surendra Pandit armed with a gun. 8-9 unknown persons were armed with lathies and spears. On his cry Banshi Yadav, Raghunath Yadav, Bihari and Rajendra arrived there, who witnessed the incident and recognized the assailants with the aid of torches. Rajendra was also assaulted by bomb. Patiraj and Parashuram died at the spot. On the basis of the aforesaid report, a case was registered at Case Crime No. 175 under Sections 147, 148, 149, 307 and 302 I.P.C. at P.S. Chiraiyakot on 14.7.1978 by Head Constable Ram Lakhan Tiwari. The inquest on the dead bodies was done by Ramesh Chandra Upadhyaya, who also completed the other papers for getting the postmortem etc. done on the dead bodies and for examination of the injured etc.