RAM SUJAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Raj Karan Yadav, learned counsel for the appellant; Ms. Manju Thakur, learned AGA-I for the State and perused the material placed on record.

(2.) The above noted criminal appeals have been filed against the judgment and order dtd. 20/4/2010 passed by Special Judge, (Dacoity Affected Area) Act, Banda in Special Sessions Trial No. 53 of 2023, State vs. Anurag Mishra and Another; Special Sessions Trial No. 74/2023, State Vs. Ramji Vs. Another and Special Sessions Trial No. 76/2003, State Vs. Chhota @ Rajesh and Another, by which appellants have been convicted and sentenced to one year's rigorous imprisonment and Rs.500.00 fine under Sec. 148 IPC and in default of payment of fine to undergo two months additional rigorous imprisonment. Appellants have been further convicted under Sec. 302 IPC read with Sec. 149 IPC for life imprisonment and Rs.5,000.00 fine and in default of payment of fine to undergo one year's additional rigorous imprisonment.

(3.) Prosecution case is that the informant, Chhedi Lal Dwivedi, lodged the F.I.R stating that on 22/1/2003 baarat of son of his brother-in-law (sadhu), Santosh @ Chota Gautam, had gone from District Banda to District Panna in Madhya Pradesh at the house of Vansh Pratap Pathak. On the next day i.e., 23/1/2023 at about 7 a.m the members of the marriage party, namely, Chhedi Lal, the informant, Madan Mohan, Niranjan Verma, Sudhir Kumar Pandey, Ram Sundar Dwivedi, Shailendra Tiwari, Neelu Dwivedi, left in one marshal car, driven by Breznev Kumar @ Guddu, for having darshan of Neelkanth Mahadev Temple, in Kalinjar fort. In the second marshal jeep behind the first jeep, Ashok Kumar Tiwari, his daughter, Shweta, Gandharva Singh Bundela, Puneet Tiwari, Shikhar Pandey, aged about 3 years, Kumari Rashi Pandey, aged about 5 years and Kumari Puja Bundela, aged about 11 years, were accompanying them and it was being driven by, Pintu Chaurasia. When they were returning in two vehicles at about 09:00 a.m., they were surrounded by miscreants and both the drivers stopped the vehicles because of fear. All the persons were directed to come out of vehicles and to turn back and run. When the above noted persons turned back and started running upwards towards the hill, the miscreants abused them and fired from behind from rifles and guns. The informant in order to save himself fell on the ground and came rolling down from the height. Because of firing of the miscreants Ram Sundar Dwivedi, Shailendra @ Shalu, Ashok Kumar Tiwari, Kumari Shweta Tiwari, Gandharva @ Bundela, Sudhir Kumar Pandey, died. Puneet Tiwari, Madan Mohan and Breznev Kumar @ Guddu, suffered injuries. The injured were taken to Banda Hospital in two vehicles. Informant also suffered injuries because of falling and rolling from the height.