SANTOSH KUMAR SRIVASTAVA Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment and order dated 31.3.1981, passed by Sri V. N. Pandey, the then VIth Additional Sessions Judge, Lucknow in Session Trial No. 117 of 1979, whereby he has convicted the appellants-Santosh Kumar Srivastava, Sachidanand alias Nanha, Ramesh Chandra (Ramesh Kumar) alias Lalla under Section 302/34, I.P.C. and sentenced them to imprisonment for life.

(2.) THE facts narrated in the written report (Ext. Ka-1) are that on 22.5.1975 complainant Madho Shyam Shukla's brother-in-law Ajay Kumar R/o village Khande Deo, P.S. Banthra, district Lucknow was murdered by accused Santosh Kumar Srivastava and Sachidanand, who are also resident of village-Khande Deo, P. S. Banthra, district Lucknow and that case was being tried in Court at the time of occurrence in the present case. It was alleged that on 12/13.2.1979 was the date fixed in that case. THE case was adjourned to 21.2.1979. Complainant Madho Shyam Shukla (P.W. 1) and his friends Suresh Pandey (deceased), Ram Chandra Misra and Bilas Modhey (P.W. 3) were doing pairvi from the side of the deceased Ajay Kumar while accused Ramesh Kumar alias Lalla and others were doing pairvi from the side of the accused Santosh Kumar and Sachidanand and they were threatening the complainant, pairokar and witnesses not to do pairvi so that the accused may be acquitted. On 12.2.1979, the date fixed in the case, the accused had threatened the complainant and his friend in presence of the witnesses that if they would be seen in the Court on the next date, they would be killed. Despite this, the complainant etc. also came in the Court on 13.2.1979, when in the evening at the time of leaving the Court accused Santosh asked that the complainant etc. had not obeyed the accused and they would not get opportunity to see the next date fixed in the case. It was further alleged that with intent to take revenge due to the above reason, on 20.2.1979, the accused persons fired at the complainant and his companions near the Union Hall in Lucknow University to kill them but due to luck they escaped their lives by running away from the spot.

(3.) THE case was committed to the Court of Sessions by C.J.M., Lucknow, vide order dated 17.5.1979. Learned Sessions Judge, Lucknow, vide order dated 22.6.1979 transferred the case to the Court of Additional Sessions Judge, Lucknow for trial. Being part-heard case of Sri V. N. Pandey, the then Vth, Additional Sessions Judge, Lucknow, the case was again transferred to the Court of VIth, Additional Sessions Judge, Lucknow, the Presiding Officer of which Court was now Sri V. N. Pandey.