SHERA Vs. STATE OF U. P.

JUDGEMENT

(1.) These are two criminal appeals challenging judgement and order dtd. 20/7/2001 passed by the Vth Additional District and Session Judge, Lucknow in Sessions Trial No. 194 of 1998, State of U.P. Vs. Chhote Lal and Others convicting the appellant Lakhan in Criminal Appeal No. 605 of 2001 under Sec. 302 of the Indian Penal Code (hereinafter referred as 'IPC') and awarding a punishment of life imprisonment and a fine of Rs.5000.00 in default of payment of which an additional simple imprisonment of six months, and the Shera under Sec. 307 IPC read with Sec. 3/25 of the Arms Act and awarding a rigorous imprisonment of five years and a fine of Rs.2000.00 in default of payment of which an additional simple imprisonment of two months.

(2.) The prosecution story in short is that one Kesh Kumar S/o Reoti Pasi, R/o Madharmau, Police Station Gosaiganj, Lucknow lodged a First Information Report on 9/10/1997 at Police Station - Gosaiganj in Case Crime No. 383 of 1997, 11:50 PM against the appellant, Shera S/o Prahlad, and Lakhan S/o Chhote Lal and Prahlad S/o Fatte, Chhote Lal S/o Dukkha, all resident of village Madharmau, alleging there in that one Punarvasi S/o Chhote Lal, was murdered some four months ago, and the family members of Punarvasi had suspicion upon the uncle of the informant Nankau. On 9/10/1997, when the informant's Uncle Nankau was coming from Lucknow on bicycle along with one Kunware towards his home, all the accused waylaid Nankau, banging their bicycle to the bicycle of Nankau. As Nankau fell down, all of them started beating, Nankau. Kunware, who was accompanying Nankau ran towards the village, shouting for help. Nankau also ran towards the village. On hearing such shouts for help, the grandfather of the informant Dukkha (the deceased), and other family members of Dukkha had rushed towards the spot. The accused ran away on seeing the informant's family. When Dukkha and other family members including the informant were returning towards their village at around 08:00 PM then all the accused had assaulted the informant and his family members by using Farsa and Tamancha. The accused killed the informant's grandfather, Dukkha S/o Mangal, and injured the informant's father, Reoti, his brother Mukesh Kumar and Jaskaran S/o Chheda Lal, by opening fire upon them and also attacking them with Farsa and Lathi.

(3.) The informant had accused four persons namely Lakhan, Shera, Prahlad and Chhote Lal. FIR was registered under Ss. 302, 323, 307, 504 of the IPC in Case Crime No. 383 of 1997. The body of the deceased Dukkha was sent for postmortem examination, which was conducted by Dr. S.H. Siddiqui on 10/10/1997 at District Hospital. The other injured i.e., the informant Kesh Kumar, his father Reoti, his brother Mukesh Kumar, and his uncle Nankau and one Jaskaran were medically examined by Dr. Sushil Kumar and referred for x-ray examination to Balrampur Hospital. Investigation was conducted by Sub-Inspector, Arvind Mohan Jaiswal and chargesheet filed against the four accused. The trial was committed to the Sessions Court on 22/1/1998.