NANHAU Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been preferred by Nanhau alias Ram Kishore Lodh against the judgment of conviction and sentence dated 3.6.2008 passed by Learned Additional Sessions Judge, Court No. 2 Raebareli passed in Sessions Trial No.344/2004 under sections 302/307/504/506/120B I.P.C. PS. Bachharawan, District Raebareli.

(2.) The First Information Report was lodged by Jogeshwar, uncle of the deceased Virendra Kumar at Police Station Bachharawan on 16.7.2004.

(3.) According to the version of the First Information Report on 16.7.2004 at about 7.00 P.M. The informant, his nephew Virendra Kumar s/o Lodeshwar and Jitendra Kumar s/o Bhawareshwar and other family members were present there. Nanhau alias Raj Kishore, s/o Chhanga who was living in front of the informant started abusing using filthy language against his mother and sister. He stated that 'Tum Sale Pahle Makan Bana Liye Hai Aur Mai Bana Raha Hoon To Tum Sale Zalte Ho". His nephew Virendra Kumar and Jitendra Kumar asked them not to abuse, at this Ram Kishore went to his house and came out with double barrel licensed gun and fired with an intention to cause death causing firearm injuries to Virendra Kumar on right lateral side of chest who fell down. When they picked up Virendra Kumar to take him inside the house, Nanhau alias Ram Kishore, the appellant shot second fire at them causing injuries to Jitendra Kumar on outer and front aspect of upper right thigh. After hearing the sound of fire shots Guru Charan son of Kallu Prasad of the same village and Rajendra Prasad Gupta, son of Jaggannath, who were present in the village, reached there. Ram Kishor fired a third shot and abused and threatened and went towards the north. Gurucharan and Rajendra Prasad Gupta chased him. However, he could not be apprehended. The informant with the assistance of other villagers took the injured Virendra and Jitendra on 'bullock cart' to the Government Hospital, Bachhrawan. In the hospital Virendra was declared dead and Jitendra was referred to the Government Hospital, Rae Bareli. Thereafter after making arrangement he was taken to Rae Bareli. The dead body was lying in the Government Hospital, Bachharawan. It was further stated that Ram Kishore alias Nanhau was roaming the whole day with Ram Kumar s/o Satti Din Lodh, and Ram Adhar s/o Vijay Bahadur. Since the economical condition of the informant was better, hence the accused was inimical to the informant and had motive to commit murder. The First Information Report was lodged by the informant Jogeshwar, which was registered at Police Station Bachharawan bearing Case Crime No.477/2004 under sections 302/307/504/506/120B I.P.C. against Nanhau alias Ram Kishore and co-accused Ram Adhar, Ext.Ka.16. Investigation was conducted by sub inspector of Police Bachharawan. Post mortem examination on the body of Virendra Kumar was conducted by Dr. Mohd.Zalaluddin, PW-3, Government Hospital, Rae Bareli on 17.7.2004 at 3.00 P.M. According to post-mortem examination report there was a large lacerated wound 8 cm x 6 cm x upto abdominal cavity deep inside vertically oval in shape on right lateral part aside of chest 1.5 cm above the right margin of ribs. Ribs 7 to 9 were fractured and crushed in pieces. Peritoneum was ruptured. Right kidney and liver were ruptured and lacerated. Small intestine was also lacerated.