AJIT KUMAR BAJPAI Vs. STATE OF U P

JUDGEMENT

(1.) Ajit Kumar Bajpai Pramod Kumar have filed this appeal against the judgment and order dated 24. 10.1983 of Sri. Rudresh Kumar, VIlIth AddI. Sessions Judge, Lucknow, convicting the appellants under Sections 307/34 & 307 IPC respectively and sentencing them to 3 years R.I. and a fine of Rs. 250/- each. In default of payment of fine, they have further been sentenced to two months R.I.

(2.) Mr. Imtiyaz Murtaza, learned Counsel informed that Ajit Kumar Bajpai, appellant No. 1 has died and, therefore, his appeal abates. I have heard learned Counsel on behalf of appellant No.2 and the learned State Counsel.

(3.) According to the prosecution case, on 25.3.1981 there was some altercation between the informant Arun Kumar and Ajit Kumar Bajpai (since dead) regarding the theft of some Ranga (a metal used for shouldering). Ajit Kumar Bajpai who was an employee of Navjeevan Press was in the habit of stealing the same and he was seen by the informant on 25.3.81. Informant threatened him that he would inform the Press Authorities. This annoyed Ajit Kumar Bajpai and he, in his turn, threatened the informant with dire consequences. Due to the above altercation, Ajit Kumar Bajpai alongwith the Pramod Kumar arrived at the canteen of the informant situated at the gate of Navjeevan Press on 28.3.1981 at about 9.30 a.m. At that time informant Arun Kumar alongwith his servant Munna was busy in cleaning the tables and counter of the canteen. Both the appellants suddenly appeared there. Ajit Kumar Bajpai had a country-made pistol. There was some exchange of hot words between the accused and the informant and appellant Pramod Kumar exhorted Ajit Kumar Bajpai to fire at the informant Arun Kumar. On seeing this, Munna swung into action and hit on the hand of Ajit Kumar Bajpai with the result the pistol went off in the direction of the ground. No one received any injury. Hearing the sound of firing many persons rushed towards the canteen and the appellants left the scene. A report of the incident was lodged by Arun Kumar at P.S. Qaiserbagh, Lucknow, on 28.3.199 1 at 11.30 a.m. which was registered as Case Crime No. 206 of 1981.