SATNAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Anand Swaroop Chaudhary, learned counsel for the appellant and Ms. Ruhi Siddiqui, learned A.G.A. for the State.

(2.) Instant appeal has been preferred by accused appellant Satnam against the judgment and order dated 10.3.1988 passed by learned IIIrd Additional Sessions Judge Raebareli, S.T. No.158 of 1987, State versus Satnam and others, Case Crime No.39 of 1985, under section 147, 148, 149, 307, 302, 380 and 120 B IPC, Police Station - Shivratanganj, District - Raebareli whereby learned trial court has acquitted the accused Ram Shankar and Madhuri Devi for the charge under section 120 B IPC. Accused Satnam was convicted under section 302 IPC and sentenced to imprisonment for life.

(3.) According to the prosecution version complainant Shiv Sagar is the brother of the deceased Bhagauti Prasad Awasthi. First Information Report was lodged on 15.4.1985 at 08.45 AM stating that in the intervening night of 14/15.4.1985 complainant was sleeping in his house. Deceased Bhagauti Prasad was sleeping with his family members in his house. There was light of lantern in the house of complainant as well as Bhagauti Prasad. At about 12.00 O' Clock or 01.00 AM in the night 12 to 14 miscreants armed with rifle, countrymade pistol, lathi, axe entered into the house of Bhagauti Prasad through the roof and opened the eastern window. They started beating Bhagauti Prasad. On hearing the shrieks complainant awakened and tried to come out of his house but the door was closed from outside. On raising the alarm neighbours came with lathi danda. Complainant was seeing the incident from the partition wall. Miscreants attacked Bhagauti then he ran away towards southern Kothari then they started beating his mother and daughter. They snatched the stud of his mother. When mother and daughter of Bhagauti cried then he came out of the Kothari. One miscreant fired upon Bhagauti. He fell down. Then miscreants ran away from the house after looting the articles mentioned in the first information report. Matapher put the grass to fire. There was sufficient light. Miscreants were seen in the light of lantern, torch and fire light. They can be recognized. Some of them have been seen near market. Their faces appear to be familiar. They were wearing pant, shirt, dhoti, underwear. Wife of Bhagauti had gone to her parental house. Complainant has further mentioned that Bhagauti has suffered lot of injuries. A suspicion was raised on Mani Ram Bahmin of village Jaitpur as some altercation took place about 20 to 25 days back on the issue of imli garden. Then Mani Ram had threatened Bhagauti.