MUNNA RAJBHAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The aforementioned criminal appeals have been preferred by the accused assailing the correctness of the judgment and orders dated 29.04.2015 and 6.5.2015 passed by the Additional District and Sessions Judge, Court No.3, Ballia, in Sessions Trial No.24 of 2007, State v. Smt. Hoshila Devi and 4 others, arising out of Case Crime No.116 of 2006, under sections 147, 148, 302/149, 201, IPC, P.S. Rasra, District Ballia and Sessions Trial No.242 of 2007, State v. Munna Rajbhar, arising out of Case Crime No.117 of 2006, under section 4/25 Arms Act, P.S. Rasra, District Ballia, whereby all the five accused have been convicted under sections 302/149, 201, IPC and accused appellant Munna Rajbhar has been convicted under section 4/25 Arms Act and further trial Judge awarded life sentence to accused-appellant Smt. Hoshila Devi, Ramjit Yadav, Awadhesh Yadav and Dinesh Yadav and also imposed fine of Rs.50,000/- to each and further awarded 3 years rigorous imprisonment to each of the four accused along with fine of Rs.3,000/- to each whereas accused appellant Munna Rajbhar has been awarded death sentence along with fine of Rs.1,00,000/- (one lakh) and further sentence of 7 years rigorous imprisonment along with fine of Rs.10,000/-, under section 201, IPC and also one year's rigorous imprisonment along with fine of Rs.1,000/- under section 25 Arms Act.

(2.) One Shatrughan Yadav (PW-1) gave a written complaint at Police Station, Rasra, District Ballia, on 15.08.2006 at 11.00 a.m. stating that he was resident of Village Azizpur Khadasra, Police Station Rasra, District Ballia. His uncle Ramdhyan was married to Smt. Hoshila Yadav, daughter of Ramjit Yadav, resident of Siswar Kalan, Police Station Nagra, District Ballia. His Chachi (Aunt) Smt. Hoshila was frequently visited by one Munna Rajbhar, son of Mahesh Rajbhar of her village and she also used to keep in constant touch with him on telephone. His Chacha (Uncle) kept on objecting to her relations and association with Munna Rajbhar and this was a continuing issue of argument between them. A couple of days before Rakshabandhan, his Chachi (Aunt) was talking on the telephone with Munna Rajbhar when his Chacha (Uncle) scolded her. Annoyed she left for her parents house saying that she would not discontinue her association with Munna and would prefer leaving his Chacha. On 10.08.2006 which was Thursday, on the request of his Chachi, his Chacha left for his in-laws place that is Village Siswar Kala and since then he has not returned. On 14.08.2006 he learnt that his Chacha Ramdhyan had been done to death and his dead body was lying near Village Katahura since the night of 10/11-08-2006. His Chachi Hoshila Devi, her father Ramjit Yadav, her brothers Awadhesh Yadav and Dinesh Yadav and Munna Rajbhar are involved in the murder of his Chacha. He prayed that his complaint be registered and appropriate action be taken against the aforesaid persons. On the basis of the said written complaint (Ex. Ka-1) Chik FIR was prepared (Ex. Ka-6) by Constable 716 Mahendra Kumar registered as Case Crime No.116 of 2006, under sections 302/201/34, IPC.

(3.) It appears that a dead body of an unknown person was recovered by the police upon intimation given by one Uma Shankar Yadav and was sent for post-mortem which was conducted on 11.08.2006 at 4.30 p.m. by Dr. B. Narayan, Medical Officer, District Hospital, Ballia. The post-mortem-report Ex. Ka-3 recorded the following ante-mortem injuries on the body of the deceased: