PHOOL CHAND Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri I.M. Khan, learned Advocate assisted by Ms. Puneeta Pandey and Kumari Shweta Pandey, learned counsel for the appellants, Sri A.N. Mulla, Kumari Meena, learned A.G.As. for the State and Smt. Manju Thakur, learned state brief holder 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 23.01995 passed by the VIII Additional District and Sessions Judge, Fatehpur, in Sessions Trial No.731 of 1992 (State Vs. Phool Chand and others) arising out of Case Crime No.153 of 1992, under Sec. 302 IPC, Police Station-Lallauli, District-Fatehpur, whereby the accused appellants have been sentenced to life imprisonment under Sec. 302 IPC.

(3.) Gravamen of the charge is rooted in the FIR, which discloses fact that the written report was lodged at Police Station-Lallauli, District-Fatehpur on 07.08.1992 at 11.30 A.M. by Sri Ram Vishal S/o Sri Sankat Nai, R/o Thawai, Police Station-Lallauli, District-Fatehpur, wherein, allegations were made to the effect that murder of Ram Chand Kori brother of Phool Chand of informant's village was committed in the month of Feb., 1992. This murder was committed by Ram Nazar Singh S/o Ranjit Singh Thakur R/o Thawai, Narendra Singh @ Dhunari S/o Ganga Dhar Singh R/o Thawai and Ram Singh S/o Ram Lal R/o Kanjerdera Gauri. Today (07.08.1992) morning at about 8.30 A.M., Ram Nazar Singh was washing his mouth at the government handpump installed in front of his door. In the meanwhile, Phool Chand S/o Gayadeen Kori, Vijay Bahadur and Chunnu both S/o Ram Jiwan Mali, who were resident of village Thawai along with elder brother-in-law of Phool Chand Kori who resides in district Banda out of animosity on account of murder of Ram Chand Kori arrived on the spot; Phool Chand was possessing gun, whereas, the rest of the accused were possessing axe. Shot was fired on Ram Nazar Singh, which was followed by assault being caused with axe by the accused. This incident was witnessed by the informant (Ram Vishal), who was coming over there to the house of Ram Nazar Singh after cutting hair from Pariharan Tola. It has been described in the F.I.R. that Ram Nazar Singh fell down because of the injuries sustained by him. On alarm being raised by the informant, few persons of the village arrived on the spot and they also witnessed the incident. The assailants made their escape good from the spot. Informant along with Ram Bahadur Singh, Suraj Bhan Singh, Uttam Singh, Jauhari, Raj Kumar Singh, Shiv Narain, Balram and Indrapal etc. were carrying Ram Nazar Singh on a cot to the police station, when Ram Nazar Singh succumbed to his injuries on way (to the police station). Dead body has been brought at the police station. Request was made for lodging the report and taking appropriate action. This written report is Exhibit Ka1.