RINKOO Vs. STATE OF U.P.

JUDGEMENT

(1.) Mr. Srees Kumar Srivastava, learned counsel for the appellant and Mr. Umesh Verma, learned A.G.A. for the State were heard at length.

(2.) Under challenge in the instant criminal appeal is the judgment and order dated 31.01.2006 passed by Special Judge (E.C.) Act, Unnao, in Sessions Trial Nos. 160 of 2004 and 162 of 2004 arising out of Case Crime Nos. 2690 of 2003 and 12 of 2004 respectively, Police Station Kotwali, District Unnao whereby the present appellant Rinku @ Vinod was convicted for the offence under Sec. 302 IPC and was sentenced with imprisonment for life. He was acquitted of the charge under Sec. 3/25 of the Arms Act, which was tried along with the instant offence as ST No. 162 of 2004. However, co -accused Smt. Maya Devi was acquitted of all the charges levelled against her.

(3.) In brief, the case of the prosecution was that the complainant Ravi Shankar lodged a first information report at the police station Kotwali Unnao on 17.12.2003 at 2035 hours alleging therein that on the same day at 07.20 PM his father Raja Ram (deceased) was present on the door of his house. Maya Devi and his son Rinku @ Vinod (appellant), who are cousin and Bhanja of the complainant and were living in a room in the house of the deceased for the last 20 years used to pressurize the father of the complainant to transfer the said portion of his house in their favour. His father was not agreeable to this demand/pressure of Maya Devi and her son. On the date of incident, these persons again came to his father and again pressurized their same request which was declined by the father of the complainant which ignited hurling of abuses. Hearing noise, the complainant and his sister Beena @ Bitti came at the place of incident. In the meantime, on the exhortation of Maya Devi, appellant Rinku @ Vinod fired with his country made pistol on the deceased causing his instantaneous death. The complainant and his sister made an effort to apprehend the accused persons but they were successful in making good their escape.