STATE OF U.P. Vs. DINESH AND OTHERS

JUDGEMENT

(1.) State of U.P. has preferred this Appeal against the judgement and order dated 30.7.2002 passed in Session Trial No. 865 of 1993 by Sri Dharam Singh, the then Additional Sessions Judge/Fast. Track Court. No. 2, Moradabad, who acquitted the accused-respondents Dinesh and Viresh of the charges under Sec. 302 and 307/34 I.P.C., the accused-respondents Kamesh and Subhash of the charges under Sec. 307 and 302/34, I.P.C. and the accused- respondents Brijesh @ Vijai Pal, Yogesh, Munish and Narendra of the charge under Sec. 120-B, I.P.C. in case crime No. 125 of 1993, P.S. Chhajlet, District Moradabad.

(2.) The accused-respondents Dinesh, Viresh, Kamesh and Subhash were put on trial on the charge of committing the murder of Satyavrat and causing injuries to Smt. Santosh and Manoj on 28.5.1993 at about 9.00 p.m. in Village, Kuda Meerpur, P.S. Chhajlet (Moradabad). The charge levelled against, the accused- respondents Brijesh @ Vijai Pal, Yogesh, Munish and Narinder was of hatching conspiracy to commit the murder of Satyavrat. First Information Report regarding the incident was lodged at P.S. Chhajlet (Moradabad) on 29.5.1993 at 5.30 a.m. by Manoj Kumar S/o Satyavrat r/o Village Kuda Meerpur. A case under Sec. 302/307, I.P.C. at case crime No. 125/93 was registered against Dinesh, Viresh, Kamesh all scns of Mahesh and Acharya, maternal brother of Dinesh.

(3.) Shorn of unnecessary details, the case of the prosecution in brief is that on 28.5.1993 at about 9.00 p.m., the complainant Manoj Kumar and his father Satyavrat were going to their house from baithak. Kanta Prasad, cousin brother of complainant was also going with them. When they reached in front of the house, the accused Dinesh, Viresh, Kamesh and their maternal brother Acharya having tamanchas and gun came from behind. It is alleged that first of all the accused Dinesh fired on Satyavrat and immediately thereafter, Viresh also fired on him, due to which he (Satyavrat.) sustained injuries and died on the spot. When the comp;ainant Manoj Kumar and his mother Smt. Santosh tried to save Satyavrat, the accused Kamesh and Acharya fled on them, due to which they also sustained injuries. This incident is said to have been witnessed by Sunil Kumar and other persons, who reached there on hearing the noise. The accused persons are said to have been recognised in the light of lantern.