ROOP NARAIN MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) The appellants Roop Narain Mishra and Indra Narain Mishra have preferred these two criminal appeals under Sections 374(2) Crimial P.C. against the judgment and order dated 31.7.2008 passed by the Sessions Judge, Kannauj in S.T. No. 248 of 2006 (State Vs. Roop Narain Mishra and others) , by which the appellants, Roop Narain Mishra and Indra Narain Mishra have been convicted under Sections 302 and 302/34 I.P.C. respectively and sentenced to imprisonment for life and a fine of Rs. 5000.00 each and in default of payment of fine additional six months rigorous imprisonment.

(2.) The facts of this case as spelt out in the F.I.R. and later testified by the four witnesses of fact examined on behalf of the prosecution during the trial are that on the basis of a written complaint Ext. Ka-1 given by the complainant Shakir Hussain PW1 at police station-Chibramau, district-Kannauj on 24.08.1993 at about 10:30 p.m, stating therein that about three days before the occurrence appellant Roop Narain Mishra who is the resident of same village had gone to the tailoring shop of his father Chiraguddin alias Zahoor Islam (deceased) and requested him to stitch a case and a pouch for him for keeping his handmade gun and bullets but when his father Chiraguddin declined to accept his request for the reason that he was carrying on the profession of stitching clothes and not cases and pouches for keeping illicit weapons and bullets, the appellant Roop Narain Mishra felt deeply insulted and returned back from his shop threatening him with dire consequences and with a view to take his revenge from his father, while the complainant and his father along with Damodar Prasad, Yagya Kumar and Ashwani Kumar were sitting in front of the door of the house of Ram Lakhan on 24.8.1993 at about 6:00 p.m. and discussing amongst them about sprinkling of manure in their agricultural fields, accused Roon Narain, Sujeet alias Guddu armed with tamanchas', Raj Kishore and Indra Narain armed with dharia' arrived at the place of incident and Indra Narain Mishra exhorted accused Roop Narain to kill Chiraguddin who had insulted him by refusing to stitch his pistol case, whereupon Roon Narain fired with his firearm on the face of Chiraguddin as a result of which the complainant's father Chiraguddin fell on the cot and died instantaneously where after accused Indra Narain, Roop Narain, Raj Kishore and Sujeet alias Guddu ran away from the place of occurrence firing with their fire arms in the air and threatening the complainant and the other persons who were present there with dire consequences in case they dared to clash with them. On the basis of the written complaint given by the PW1 Ext.Ka-1, PW6 Babu Lal Yadav who on the date of incident was posted as Head Moharrir at police station-Chibramau prepared the check F.I.R. and registered a case under Sections 302/506 I.P.C. as Case Crime no. 57 of 1993 and made the relevant G.D. entry vide rapat no. 44 at 10:30 p.m. which is on record as Ext. Ka-4. The investigation of the case was entrusted to PW7 Sub Inspector Ved Pal Singh who after copying down the chek F.I.R. and the relevant G.D. entry in the case diary on 25.8.1993 recorded the statement of Head constable Babu Lal Yadav and left the police station for the place of incident along with the police force. On arriving at the place of incident he recorded the statement of complainant Shakir Hussain and on his instance inspected the place of incident and prepared site plan Ext.Ka-5. He also collected plain and blood stained soil from the place of occurrence and kept the same in two different containers and prepared recovery memo Ext. Ka-6 and held the inquest of the dead body of the deceased at 7:00 a.m., he got the inquest report prepared by R.P. Yadav under his supervision along with the other documents namely, photolash, letter addressed to Chief Medical Officer and challan lash and after sealing the dead body of the deceased handed it over to Constable Sarvesh Chandra Dwivedi and Constable Daya Shankar Tripathi for being transported to Fatehgarh for conducting the postmortem. He also recorded the statement of PW4 Ram Lakhan, witness of inquest and after arresting accused Sujeet alias Guddu on the same day at about 7:00 p.m. recorded his statement.

(3.) The postmortem of the dead body of the deceased Chiraguddin alias Zahoor Islam was conducted on 25.8.1993 by PW5 Dr. R.K. Chaudhary who prepared his postmortem report Ext.Ka-2. The postmortem report of the deceased denotes following antemortem injury on his dead body :