MUNNA Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant appeal has been filed against the common judgment and order dated 18.9.2003 passed by the Additional Sessions Judge, Fast Track Court No. 4, Budaun in Sessions Trial No. 177 of 2002 arising out of Case Crime No. 53 of 2001, under Sec. 302 read with Sec. 34 I.P.C. and Sessions Trial No. 178 of 2002 arising out of Case Crime No. 74 of 2001, under Sec. 25 Arms Act, Police Station Musajhag, District Badaun, where by Learned Trial Court held both appellants guilty under Sec. 302 read with Sec. 34 I.P.C. and sentenced them to life imprisonment and fine of Rs. 5000.00 in default of which they had to under go further imprisonment of six months. Appellant Munna was further sentenced to imprisonment of two years under Sec. 25 Arms Act.

(2.) During the pendency of appeal appellant Anokhe Lal died. His appeal stands abated as per order dated 109.2013.

(3.) The factual matrix of the case is that on 25.2001, the complainant Smt. Sonwati was heading towards her Village- Murhsaina Khurdh, P.S. Musajhag, District-Badaun along with her husband's elder brother Mahipal, son Rajesh and younger son in her lap after performing a religious ceremony (Kheer Chatai) in Village Paparh. When the complainant, her son and elder brother of her husband (Jeth) Mahi Pal reached near the Vijay Maintha Plant situated in between Murhsaina Khurd and Bujhia Village at about 9:30 a.m., she saw late Anokhey Lal with gun, Munna with pistol/revolver and Dheer Pal alias Kallu with knife. The late Anokhey Lal exhorted his both sons to kill Mahipal. Thereafter Anokhey Lal fired with gun upon Mahipal. Mahipal tried to escape, then another accused Munna fired upon Mahipal from other side. Receiving gun shot injury deceased Mahipal fell on the ground. Juvenile Dheer Pal thereafter stabed deceased Mahipal with knife. Mahipal died on the spot due to injuries inflicted by the accused persons. Accused person ran away from the spot. Thereafter complainant lodged F.I.R. Exhibit Ka-1 after getting it scribed by Rajveer Singh.