MISRI LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 12.5.1983 passed by the then Vth Addl. Sessions Judge, Allahabad in Sessions Trial No. 79 of 1980 (State Vs. Mishri Lal & others) arising out of Case Crime No. 8 of 1978, Police Station Nawabganj, District Allahabad whereby the appellant Mishri Lal was convicted under Sec. 302 Penal Code read with Sec. 34 Penal Code and Sec. 307 Penal Code and sentenced to life imprisonment and Rigorous Imprisonment for seven years respectively. Remaining appellants namely Indra Gopal, Bare Lal and Umesh Chandra were also convicted under Sec. 302 Penal Code r/w Sec. 34 Penal Code and Sec. 307 Penal Code read with Sec. 34 Penal Code and sentenced for life imprisonment and rigorous imprisonment for 7 years respectively. All the sentences of all the appellants in this case were directed to run concurrently.

(2.) Appellant No. 1 Mishri Lal and appellant no. 3 Bare Lal have died therefore appeals filed on their behalf stand abated vide orders dated 16.4.2014 and 26.5.2014 respectively. This court is now concerned only with the appeals of Indra Gopal and appellant no. 4 Umesh Chandra.

(3.) Prosecution story in brief is that on 16.01.1978, deceased Brahma Nand, Jai Ram (P.W-2), informant-Ram Murat (P.W.-1) and Basdeo etc went to Kaurihar market to make purchases. Deceased Brahma Nand went on to Block Road away from complainant and his companions. Suddenly, at about 3 p.m. a commotion erupted. Complainant, his other companions of same village, Jagannath of Bhikhampur and Ram Sharan @ Lusuru of Dasapur etc ran towards source of commotion and saw that late appellants Mishri Lal, holding a gun, his sons appellant Indra Gopal @ Nankau and late appellant Bare Lal wielding Lathies and appellant Umesh Chandra armed with spear (cjNk) had surrounded deceased Brahma Nand. Late Mishri Lal was using gun for keeping intervenors at bay while other accused persons namely Indra Gopal @ Nankau, Late Bare Lal and Umesh Chandra were beating Brahma Nand. As more and more people gathered on the spot, accused persons left Brahma Nand and ran away. Informant and his nephew Jai Ram (P.W.-2) chased the appellants, whereupon Late Mishri Lal turned around and fired a shot at Jai Ram who too was wounded and fell down on the road. In the same incident Brahma Nand also sustained several injuries. Both injurds were sent to Kaurihar Primary Health Centre (PHC) while P.W.-1 Ram Surat got the first information report (FIR) scribed by one Amarnath Yadav and lodged it at 4.45 p.m. at Police Station Nawabganj, District Allahabad.