PAHALWAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sharad Kumar Srivastava, learned counsel for the appellant, Sri J.K. Upadhyay and Kumari Meena, learned A.G.As. for the State and perused the record.

(2.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 26.04.1990 passed by the Sessions Judge, Fatehpur, in Sessions Trial No. 487 of 1989 (State Vs. Pahalwan) arising out of Case Crime No.30 of 1989, under Sections 302, 307 IPC, Police Station Kalyanpur, District Fatehpur, whereby the accused appellant has been sentenced to life imprisonment and 10 years R.I., respectively. Both the sentences shall run concurrently.

(3.) Stream of events leading up to this appeal, as discernible from record, appear to be that an FIR was lodged at Police Station Kalyanpur on 15.2.1989 at 10.45 P.M. by Laxmi s/o Lallu against appellant Pahalwan s/o Badalu with allegation that 'barat' of his daughter had arrived at his home and 'dwar pooja' ceremony was going on and a number of villagers had gathered on the spot including the 'baratis' (attendants of 'barat' procession). Appellant Pahalwan s/o Badalu was of the same village. Pahalwan s/o Badalu was in search of opportune moment and with that view in mind, he fired on Kalloo, which fire also hit Ashwani Anand (one among the 'barati') and one unknown person, who was relative of the informant r/o village Tilsahari within Police Station Mahrajpur, District Kanpur, who sustained injury. Pellets also hit Kalloo. The incident was witnessed apart from the informant by Ramesh s/o Sukkhu, Basanta s/o Ramdayal and others. Patromax light was illuminated on the spot. The incident occurred around 10.00 P.M. Request was made for lodging the report and taking appropriate action. The written report is Ex.Ka.1.