GIRIND SINGH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) BOTH the criminal appeals arise out of the same Judgment and order dated 26-4-2004 passed by Additional sessions Judge, Hardoi, in Sessions Trial no. 476 of 2002, convicting the appellants under Section 302/34 I. P. C. and sentencing them to imprisonment for life and to pay a fine of Rs. 3000/-each and on non-payment of fine to undergo six month's simple imprisonment.

(2.) FACTUAL matrix is as under: -According to the prosecution case, there was enmity between the parties on account of election rivalry for the post of Gram pradhan to which wife of the deceased won and earlier Avadhesh and Jang Bahadur, collaterals of the deceased were murdered by the accused. In this background, on 13-04-2001 at about 5:30 p. m. while the deceased Promod Kumar and Arvind son of barrister Singh were purchasing some domestic articles from the general store of rajput of Harpalpur, in presence of the complainant Dinesh Kumar, Arvind Kumar and mahavir were also purchasing articles from another adjoining shop of Chhotey Yadav, accused Rajni Kant Pathak having double barrel gun and Ram Pratap and Ashok having 12 bore country-made pistols fired at promod Kumar, which hit him and caused instantaneous death on the spot. On exhortation accused Girind Singh fired from his rifle of 315 bore, but in spite of this, accused Ram Pratap along with his countrymade pistol was apprehended by the witnesses and rest accused succeeded in fleeing away. The complainant Dinesh Kumar (since dead) lodged the F. I. R. about the occurrence on 13-4-2001 at 6:45 p. m.

(3.) THE matter was investigated by the police, who after due investigation submitted the charge-sheet against the accused-persons under Section 302/341. P. C. They were charged accordingly by the trial court, to which they pleaded not guilty and claimed to be tried.