KAMLESH TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) The criminal appeal No. 2516 of 2022 and Criminal Appeal No. 2518 of 2022 have been filed against the judgement and order dtd. 31/3/2022 passed by the Additional Sessions Judge, Court No. 11, Allahabad, in Sessions Trial No. 620 of 2011 (State vs. Rakesh Tiwari and another and Session Trial No. 1045 of 2011(State vs. Kunjan Lal Tiwari and others) arising out of Case Crime No. 209 of 2010 under Ss. 147, 148, 149, 302, 307, 452, 506 of IPC and Sec. 7 of the Criminal Law Amendment Act, Police Station - Manda, District - Allahabad.

(2.) Upon an incident having taken place allegedly at 9:00am on 17/12/2010, a first information report was lodged at 1:00pm by the son of the deceased Vinay Kumar Tiwari who had appeared in the case as P.W.-1. The name of the deceased was Daya Shankar Tiwari.

(3.) This made the investigating agency i.e. the U.P. Police to go into action and a panchayatnama was drawn vis-a-vis the dead body on 17/12/2010 itself at around 3:00pm. Thereafter, on the next day i.e. on 18/12/2010, the post mortem of the dead body was conducted at 12:30PM. The police had collected from the site in question, blood stained soil and plain soil along with a muffler. Pieces of broken glass were also recovered and a recovery memo of those recovered articles was made and the injured Vidhan Chandra Tiwari was attended to and injury report which is exhibited as Exhibit Ka3 was also prepared on that very date. Also, the X-rays of the injuries which were required to be taken was done. After the conclusion of the investigation, the Police submitted its report on 15/3/2011. Thereafter, the Additional Sessions Judge, on 20/7/2011 framed charges against Rakesh Tiwari and Kamlesh Tiwari. Thereafter, charges were also framed against Nageshwar Tiwari, Vedmani Tiwari and Kunjan Tiwari. For proving the case, the prosecution produced as many as 10 prosecution witnesses who were as follows:- 1.Vinay Kumar Tiwari 2. Vidhan Chandra Tiwari 3. Dr. Santosh Kumar 4. Dr. S.P. Singh 5. Ram Jeevan 6. Anil Kumar 7. Deep Kumar, 8. Dr. Mani Bhusan Tiwari, 9. Awadhraj, and 10. Surendra Kumar Sharma.