RAJ NARAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant criminal appeal under Sec. 374 (2) of the Code of Criminal Procedure, 1973 (here-in-after referred to as "Cr.P.C.") has been filed by the convicts/appellants, Raj Narain, Kamlesh and Rajendra Prasad, assailing the judgment and order dtd. 3/10/1986 passed by learned Sessions Judge, Pratapgarh in Sessions Trial No. 52 of 1985; State Versus Raj Narain and two others, emanating from Case Crime No. 141 of 1984, under Ss. 302 and 504 of the Indian Penal Code, 1860 (here-in-after referred to as "I.P.C."), Police Station Baghrai, District Pratapgarh, by means of which the appellant No.1, Raj Narain (died) has been convicted under Sec. 302 I.P.C. and the appellant No.2, Kamlesh and the appellant No.3, Rajendra Prasad have been convicted under Sec. 302 I.P.C. read with Sec. 34 I.P.C. and they have been sentenced with life imprisonment.

(2.) The prosecution case, in brief, is that on 9/6/1984, the complainant, Santosh Kumar Pandey, had submitted a written report (Ext. Ka.1) at police station Baghrai, district Pratapgarh, stating therein that on 9/6/1984, at 08:00 in the morning, watering the field from the drain of orchard of Satya Narain Dwivedi located on west of the house and looking after the water with a spade (), his uncle, Raj Narain Pandey son of Bechu Ram Pandey armed with single barrel gun and one box cartridge and Kamlesh Kumar Pandey son of Raj Narain Pandey armed with lathi and Rajendra Prasad Pandey son of Sarda Prasad Pandey armed with spade (QkoMk) and lathi came and cut their water course and diverted it towards their field. His father, Sri Jagat Narain Pandey son of late Bechu Ram Pandey prevented them from taking away the water, upon which Kamlesh Kumar Pandey and Rajendra Prasad Pandey exhorted that "vkt lkys dks tku ls ekj Mkyks ns[k ysxsa " (Today, bastard be killed, they would saw them). On their exhortation, Raj Narain Pandey fired from his gun at his father, which stuck his father on the right side of his chest and his father fell down there and died. During this quarrel, he and his brother-in-law Shri Shiv Prakash Mishra son of Shri Sitla Prasad Mishra resident of Chetaoo-Ka-Poora (Post Kasinpur) police station Holagarh, Allahabad and Kailash Narain Dwivedi son of Shri Badri Prasad Dwivedi, resident of Dubepur, Post Sakardaha ran and reached the spot. By that time, accused Raj Narain Pandey after firing shot, all the three persons fled towards north. On hue and cry, villagers came there but as the accused persons had gun, no one chased them on account of fear. The dead body of his father is lying at the place of occurrence. He gave information and requested that necessary legal action be taken.

(3.) On the basis of the aforesaid written report (Ext. Ka.1), check F.I.R., bearing Case Crime No. 141 of 1984, under Ss. 302 and 504 I.P.C. was prepared and registered on 9/6/1984 at 12:10 P.M. at Police Station Baghrai, District Pratapgarh, by Head Moharrir Rameshwar (P.W.5) against accused Raj Narain, Kamlesh Kumar and Rajendra Prasad, in the presence of S.I. Syed Maqsood Ahmad (P.W.6), who, after taking up the investigation, copying F.I.R., G.D., recording the statement of complainant at the police station, reached the place of occurrence, where he prepared the inquest report of the body of the deceased Jagat Narain Pandey, photo nash, challan lash, letter to Chief Medical Officer, sample of seal, Thereafter, he sealed the dead body of the deceased and sent it to District Hospital, Pratapgarh through Constable Kaji Mohd. Layak and Kamleshwar Chowidar for post-mortem. He recovered blood stained soil and plain soil from the place of occurrence in separate containers and prepared the recovery memo. He also recovered one live cartridge and spade (QkoMk) from the spot and prepared the recovery memos. He also prepared site plan.