BRIJESH ALIAS GUDDU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri V.P. Srivastava, Senior Advocate assisted by Shri Arun Kumar Shukla, learned counsel for the appellants and Shri Nagendra Kumar Singh Yadav, learned A.G.A. for the State.

(2.) Both Criminal Appeals have been directed against the sustainability of the judgment and order of conviction dated 3.9.2004 passed by the Additional Sessions Judge/Fast Track Court, Auraiya in Sessions Trial No. 248 of 2002 (Crime No. 132/2001) convicting and sentencing the accused Brijesh @ Guddu (appellant in Criminal Appeal No. 5623 of 2004) under Sec. 302 I.P.C. and the co-accused Harbhan Singh, Nawab Singh and Ratan Singh (appellants in Criminal Appeal No. 4677 of 2004) under Sec. 302 read with Sec. 34 of Penal Code to imprisonment for life alongwith fine of Rs. 10,000.00 each and in default of payment of fine, 1 month additional sentence has been awarded.

(3.) The prosecution case is that on the date of occurrence i.e. 10.11.2001 about 4 pm the informant Hakim Singh (PW-1) alongwith his father Tej Singh @ Deputy son of Ram Sewak came from his house situated on Diviyapur road to Tirva road for market purpose and they were sitting on the bench lying on the chabutara beneath Tinshed in front of shop of Arjun son of Raj Bahadur. Meanwhile the accused persons Brijesh Kumar alias Guddu alongwith Harbhan Singh, Nawab Singh both sons of Ram Singh and Ratan Singh son of Jal Singh resident of Manuapurva, Police Station Bela, District Auraiya possessing 'tamancha' (country-made pistol) & gun, came there and the accused Brijesh alias Guddu caught the collar of the deceased and fired on his chest by the country-made pistol. Nawab and Ratan had also fired by their guns and Harbhan had also fired by his licensed weapon, due to which Tej Singh @ Deputy fell down and died on the spot. In the said incident the informant escaped unhurt. On hearing the sound of gun fire, Bharat Singh son of Rameshwar and Harnam Singh @ Master son of Raghunath Singh resident of Manuapurva and Suresh son of Ram Chandra resident of Diviyapur, Road Vela and many other persons reached at the spot and witnessed the incident and they defied all the accused persons. While fleeing away the assailants also threatened the informant of dire consequences. The informant came to the police station for lodging the first information report and taking proper action. This written report is Exhibit Ka-1.