PRITHVI NATH MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) These criminal appeals have been preferred against the judgment and sentence dated 30.3.2001 passed by Sri Khalid Iqbal, Additional Sessions Judge, Court No. 8, Deoria in Session Trial No. 359 of 1988 State v. Arjun and Ors. under Sections 147/148/149/302 I.P.C. P. S. Lar district Deoria whereby he held the accused appellants Prithvi Nath Misra, Sawaroo, Jay Shree, Lallan Singh, Awadhesh Singh, Baldeo Singh, Nayan Singh, Beeran, Tej Bahadur, Vikrama Singh, Rama Kant, Hari LaJ, Sarvajeet Yadav and Kamla Singh guilty of offence under Sections 147/148/302 read with 149 I.P.C. and sentenced them to under go one year rigorous imprisonment Under Section 147 I.P.C. and two years rigorous imprisonment Under 148 I.P.C. life imprisonment under Section 302/149 I.P.C. All the sentences were made concurrent.

(2.) The prosecution case in brief is that informant Gauri Shankar Yadav is resident of village Dharahara P.S. Lar district Deoria. One Yugal Kishore brother of the informant was falsely implicated in the murder case of one Ram Kishore Singh of the same village arid was acquitted in April 1986. Since then the family members of Ram Kishore were inimical with the family members of the informant. On 29.6.1986 deceased Radha Binesh father of the informant was digging grass (doob) in the field adjoining to his house. The informant and his brother deceased Bashistha Yadav were easing towards north of the grove of one Jiyut situate at north of their house. At about 6.00 A.M. accused persons Prithvi Nath Misra, Lallan Singh, Kamla Singh all anned with guns, accused persons Arjun Singh, Sawaroo, Jay Shree, Nayan Singh alias Ram Narayan Singh armed with Pharsa proceeded towards the informant. Accused persons Hari Nandan Singh, Sarvajeet Yadav. Awadhesh, Baldeo Singh all armed with guns, Prem Sagar, Beeran, Tejoo alias Tej Bahadur, Vikrama, Rama Kant and Hari Lal all anned with Pharsa, towards eastern side of the house of the informant suddenly proceeded with towards the deceased Radha Binesh who rushed towards the Chakroad but all the accused persons surrounded and fired upon him, consequently he felled down. Thereafter the neck of the deceased was chopped off by Pharsa. The party of accused Prithvi Nath Misra chased the informant and his brother deceased Vashistha Yadav, opening fire and started exhorting. The informant ran towards the east and the deceased Vashistha towards west. The accused persons with intention to kill Vashistha chased him, fired upon him and caused injuries by Pharsa. The occurrence was witnessed by Bansh Bahadur Yadav, Yugal Kishore, Brij Kishore, Prem Prakash and so many persons of the village. After committing the murder the accused persons threatened the family members of the informant and the village people that one by one will be picked up and the persons who will give evidence will meet the same fate. Thereafter the accused persons went towards the other side of river by a boat.

(3.) The informant Gauri Shanker Yadav got the written report scribed from one Harish Kumar Yadav and submitted to Police Station Lar on the same day at about 9.30 A.M. A chick F.I.R. Ext. Ka-9 was prepared. The case was registered vide G.D. No. 17 at about 9.35 A.M. dated 21.6.1987. The investigating Officer Inspector Shambhoo Narayan Rai P.W. 4 reached the place of occurrence, prepared the inquest report of the deceased Radha Binesh and Vashistha Yadav, sealed the dead bodies and sent for post mortem examination. He took out blood stained and plain earth from the place of occurrence and sealed in two separate containers. He took out blood stained Gamchha and Pharsa (Fawra), sealed the same and prepared memos. He picked up two empty cartridges near the dead body of deceased Radha Binesh and two empty cartridges near the dead body of deceased Vashistha Yadav. He took blood stained and plain earth where the dead body of Bashistha Yadav was lying. After usual investigation he submitted charge sheet against the accused persons.