UDAI BHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) IMTIYAZ Murtaza, J. Both these appeals have been filed against the judgment and order dated 23-8-2004. passed by Addl. Sessions Judge Court No. 7 in S. T. 347 of 2003 whereby the appellants have been convicted under Section 148, I. P. C. and sentenced to undergo R. I. For one year and a fine of Rs. 2,000/- each and in default of payment of fine further imprisonment for six months, under Sections 307/149, I. P. C. and sentenced to R. I. for 10 years and fine of Rs. 5,000 each and in default of payment of fine further imprisonment for one year. The appellants are further convicted under Sections 302/149, I. P. C. and sentenced to imprisonment for life and a fine of Rs. 20,000/- each and in default of payment of fine further imprisonment for two years. All the sentences were directed to run concurrently.

(2.) THE brief facts, which gave rise to these appeals, are that on 27-2-2003 there was a Tilak ceremony in the house of the informant Krishna Chand Pandey. At about 9 p. m. on account of previous enmity regarding election of Pradhan, Shyam Behari, Manoj Kumar, Gaya Prasad, Anand Singh, Sukhnidhan Singh, Sunil Kumar, Vinod Kumar, Dilip Singh, Udai Bhan Singh, on the exhortation of Gaya Prasad in a pre-planned manner, Gaya Prasad, Manoj Singh, Shyam Behari and Sunil Kumar Singh from the roof of Sunil Kumar and Anand Singh, Sukhnidhan Singh, Udai Singh, Dilip Singh and Vinod Kumar from the roof of Dilip Singh, had indiscriminately fired from their licensed and unlicensed arms. Hue and cry was raised and informant's son Ramesh Chand, sister Rani Devi and a relative Chunuk Lal received injuries on their heads and Pratibha Devi had received injuries on her hand. All were seriously injured. Shyam Behari, Manoj Kumar, Gaya Prasad, Sunil Kumar, Dilip Singh, Anand Singh, Sukhnidhan Singh, Vinod Kumar and Udai Bhan Singh were recognised by the persons who were attending the ceremony in the light of bulbs and tube lights which were on through the Generator. THE informant took the injured persons in a marshal Jeep to Fatehpur for medical treatment and thereafter the report was lodged at the police station Khakhredu on 28-2-2003 at 10 a. m. THE distance of the police station from the place of occurrence was 6 km.

(3.) THE injured Mrs. Rani Devi Dubey was medically examined on 27- 2-2003 at 11. 30 p. m. at District Hospital, Fatehpur and the doctor had noted following injuries : Multiple pellet rounded lacerated wounded on left of forehead, temple and fronts parietal region size 0. 5 cm. Margins were inverted. Fresh blood was oozing.