ATUL KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The above mentioned three criminal appeals having arisen out of judgment and order dated 6.2.2009 passed by the learned Addl. Sessions Judge, Allahabad in S.T. No. 353 of 2007: State Vs. Atul Kumar and others under Sections 302 Penal Code and 7 Criminal Law Amendment Act, P.S. Keedganj, District Allahabad convicting and sentencing accused appellants to undergo life imprisonment as well as to pay Rs. 10,000.00 each as fine and in default to undergo one year rigorous imprisonment under Sec. 302/34 IPC, are being decided together by a common judgment.

(2.) Brief facts giving rise to present criminal appeals are that Shree Nath Sahu was the resident of House No. 516, Krishna Nagar, Kydganj, Allahabad. He came to his house in the night of 10.9.2006 at about 10.00 p.m. on his motorcycle from his go-down and after parking the motorcycle on the platform of his house, he proceeded towards the shop of Munna Vishwakarma situated in front of his house. When he was taking cigarette from the shop keeper appellants, namely Atul Kumar, Firoz Ahmad and Santosh Yadav along with one unknown person came there and attacked with bombs over him as a result he was badly injured. He was immediately taken to Jeevan Jyoti Hospital, Allahabad where he was admitted. The incident was witnessed by his wife Smt. Rekha Sahu, brother-in-law Sri Satish Chandra Sahu, son Tejaswa Sahu and many other people of the Mohalla. Smt. Rekha Sahu got the report of the incident scribed by Dheeraj Nagar in the hospital and thereafter she went to police station Kydganj where she lodged report against appellants and one unknown person which was registered under Sec. 307 IPC. The investigation of the case was entrusted to S.I. Arvind Kumar.

(3.) Shree Nath Sahu died in the hospital during treatment on 15.9.2006 at 6.15 a.m. Thereafter, the case was converted under Sec. 302 Penal Code and its investigation was undertaken by Sri Kamlesh Singh, S.O. Kydganj. The postmortem on the dead body of the deceased was done by Dr. R.S. Ram and following ante-mortem injuries were found on his body. ...[VERNACULAR TEXT OMITTED]...