LAWS(ALL)-2018-5-113

SURJAN & OTHERS Vs. STATE OF U P

Decided On May 15, 2018
Surjan And Others Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) The present appeal arises out of the judgment and order dated 2.2.2012/6.2.2012, passed by Addl. Sessions Judge, Court No. 1, Kanpur Nagar in S.T. No. 706 of 2001, (State Vs. Surjan and another), S.T. No. 706-A of 2001 (State vs. Tara) arising out of Case Crime No. 67 of 2001, under Sections 148, 149, 302 IPC, S.T. No. 722 of 2001 (State vs. Tara) arising out of Case Crime No. 85 of 2001, under Section 25 Arms Act, S.T. No. 720 of 2001 (State vs. Surjan) arising out of Case Crime No. 87 of 2001, under Section 25 Arms Act and S.T. No. 719 of 2001 (State vs. Raju Kumar) arising out of Case Crime No. 88 of 2001, by which the appellants have been convicted for the offence punishable under Section 302 IPC read with Section 149 IPC and awarded sentence of rigorous life imprisonment with fine of Rs. 20,000/- and in default of payment of fine, six months further imprisonment, under Section 148 IPC, awarded sentence of 2 years' rigorous imprisonment with fine of Rs. 2000/- and in default of payment of fine, two months' further imprisonment and under Section 25 Arms Act, awarded sentence of 2 years' rigorous imprisonment with fine of Rs. 2000/- and in default of payment of fine, two months' further imprisonment.

(2.) Shorn of unnecessary details, the prosecution story in nutshell as unfolded on the basis of written report Exbt. Ka-1 given by first informant- Kallu S/o Panna Lal, P.S. Maharajpur, District- Kanpur Nagar on 7.4.2001 at 10:15 P.M. in respect of an incident which had allegedly taken place on the same day at 5:30 P.M. in which according to the informant, at the time of incident, he along with his brother Gore Lal, mother Sudevi and sister Reema were cutting wheat crops in their fields wherein at about 5:30 P.M., the accused namely Karan, Tara, Surjan Singh all sons of Ram Bhajan and Atar Singh S/o Raja Ram and Raj Kumar S/o Shyam Singh came at their fields armed with tamanchas and on reaching there, they opened fire on his brother Gore Lal and shot him dead and thereafter made their escape good towards Kudhwa. On the basis of said written report- Exbt. Ka-1, chik first information report Exbt. Ka-3 was drawn and necessary G.D. Entry was made vide G.D. Report No. 57 at 22:15 hours by Indresh Kumar (P.W.-4), the then Head Constable.

(3.) The said first information report was registered in the presence of I.O. Sukhram Singh (P.W.-5) who recorded the statement of first informant at the police station itself and thereafter proceeded to the place of incident where he prepared the site-plan at the pointing out of the first informant, which is marked as Exbt. Ka-7 and thereafter panchayatnama was conducted by S.I. Ramesh Chandra under the supervision of the Investigating Officer, who prepared the photo-nash, challan-nash, chitthi C.M.O., chitthi R.I. etc. which has been marked as Exbt.Ka-8 to Exbt. Ka-13, the Investigating Officer is also said to have recovered a 315 bore empty cartridge , a 315 bore bullet and also a 12 bore empty cartridge and prepared its recovery memo, which is marked as Exbt. Ka-14. He has also taken blood stained and plain earth and prepared its memo, which is marked as Exbt. Ka-15 and thereafter recorded the statements of other witnesses Km. Reema and Smt. Sudevi. Thereafter the investigation was transferred to Sub-Inspector Narendra Pratap Narain Singh (P.W.-6), who after perusing the case diary, recorded the statements of Karan, Tara, Raj Kumar and Surjan, who were in jail and on the basis of disclosure statement made by them got recovered the weapon of assault on the pointing out of the aforesaid four accused. The recovery memo was prepared on 1.5.2001 and on the basis of the said recovery, another first information report was lodged vide Case Crime No. 85, 86, 87 and 88 of 2001 respectively under Section 25 Arms Act.