CHIRKUT YADAV Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment of conviction and punishment dated 18.5.1999 passed by third Additional Sessions Judge, Deoria in S.T. No. 239 of 1997 (State Vs. Chirkut Yadav) in case crime no. 15 of 1992 under Section 302 IPC, P.S. Bahraj, district Deoria.

(2.) ACCORDING to the prosecution case, Mahendra Pratap Singh had obtained the contract of Khar and Jhau (Grass) in village Gaura, Khadar Deoria. Accused Chirkut Yadav used to create obstacle in the way of this contract of Mahendra Pratap Singh by using force and used to cut and sell Khar and Jhau. No one dare to oppose the accused Chirkut Yadav because a few years back he had murdered a man. Mahendra Pratap Singh, father of complainant Siddheswar Singh, has asked accused Chirkut Yadav to refrain cutting Khar and Jhau, this had created an enmity in mind of Chirkut Yadav. On 21.01.1992 the complainant's father Mahendra Pratap Singh was going with Ram Pratap Singh, Tarkeshwar Singh, and Ramvriksha Yadav of village, while the complainant was also coming with them, then at about 10:00 a.m. near the house of Harikesh Kamkar Chirkut Yadav came there and when he saw Mahendra Pratap Singh, he climb down from his cycle and shouted to kill and taken out his country -made pistol. He chased Mahendra Pratap Singrh and caught hold to him near the door of Bulli Bin and fired on him. When complainant and other persons tried to chase Chirkut Yadav for catching, he waved his country -made pistol again, threatened and ran away towards the river. When complainant and other persons came near the Mahendra Pratap Singh they found that there was a big wound below chin and above right temple and right side head and right eye were blown away in the head and he died on the spot. Then complainant Siddheswar Singh left his father's dead body on spot in custody of his family members and gave written information (Ex -Ka1) in police station Barhaj, on the basis of which case crime no. 15 of 1992 under Section 302 IPC was registered against Chirkut Yadav. Thereafter police had visited the spot, collected material evidence from the spot including cycle of the accused Chirkut Yadav, prepared the memo of recovery and performed inquest of dead body of Mahendra Pratap Singh. Post Mortem of dead body of Mahendra Pratap Singh was performed same day on 21.01.1992 at about 08.40 p.m. Thereafter investigating officer collected evidence, recorded statements of witnesses and submitted charge -sheet for offence under Section 302 IPC against accused Chirkut Yadav. On the basis of said charge sheet, case was registered and after committal of the case the Session Trial No. 239 of 1997 was registered.

(3.) SESSIONS Court had charged the accused Chirkut Yadav for the offence punishable under Section 302 IPC. He pleaded no guilty and claimed to be tried.