VIJAY PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. R.B.S. Rathore, learned counsel for the appellant, Ms. Madhulika Yadav, learned A.G.A. for the State and perused the lower court record.

(2.) Under challenge in this appeal is the judgment dated 23.9.2005 and order dated 24.9.2005 passed by learned Additional Sessions Judge/Fast Track Court No. Ist, Faizabad in Sessions Trial No. 770 of 1997 arising out of Case Crime No. 374 of 1997, Police Station Inayat Nagar, District Faizabad whereby present appellant Vijay Prakash was convicted for the offence under 302 I.P.C. and sentenced with imprisonment for life and also with fine of Rs. 5,000/- with default stipulation of six months additional imprisonment. However, he was acquitted of the charges under Section 394/34 and 302/120-B I.P.C. Co-accused persons Raj Mohan and Radhika Prasad were acquitted of all the charges.

(3.) In brief the case of the prosecution was that complainant Gyan Prakash lodged an F.I.R. at Police Station Inayat Nagar, district Faizabad on 16.10.1997 at 11:14 a.m. alleging therein that on that day his brother Jai Prakash Mishra was going on motorcycle of Ram Abhilakh son of Surju Yadav as a pillion rider to Faizabad, the complainant was also behind them on a cycle. At about 9:45 a.m., when his brother reached near Husepur village on Pakka road, then appellant Vijay Prakash r/o Bakshi Ka Purwa, along with one unknown person armed with hockey reached there and they asked to stop the motorcycle. Ram Abhilakh stopped the motorcycle then unknown person gave a blow of hockey to Vijay Prakash. Ram Abhilakh and Vijay Prakash made an effort to run away leaving the motorcycle there. In the meantime, Vijay Prakash took out his country-made pistol and fired at Jai Prakash, who sustained injury and died on the spot. Complainant raised alarm. Hearing the alarm raised on behalf of the complainant, Shri Salig Ram and other persons rushed towards the place of incident and witnessed it. Thereafter the accused persons ran away from there on the motorcycle of Ram Abhilakh (PW-2).