AWADH BIHARI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant Awadh Bihari Singh against the judgment and order of conviction dated 09.01.1986 passed by II-Additional Sessions Judge, Banda, in Session Trial No.443 of 1984 arising out of Case Crime No.618 of 1983 under Section 307 IPC and Case Crime No.619 of 1983 under Section 25 Arms Act, Police Station Kotwali, District Banda, whereby the appellant has been sentenced to undergo four years rigorous imprisonment under Section 307 IPC and one year rigorous imprisonment under Section 25 Arms Act. Both the sentences have been directed to run concurrently.

(2.) Heard learned counsel for the appellant, learned AGA for the State and perused the record.

(3.) The relevant factual matrix of this case, as reflected from records, is indicative of fact that on 18.07.1983, S.I. B.D. Tripathi, the informant was in search of the accused concerning Case Crime No.617 of 1982 under Section 326 IPC, while he reached near Police Club Banda, it was around 11:30 p.m., he saw two persons riding on a bicycle, the bicycle stopped 5 to 6 paces ahead of him. One of the two (bicyclists) who was pulling the bicycle said to the another person (who had alighted) that he annoyed him very much whereupon that another person said yet and stepped away. In the meanwhile, the bicycle-man came to the informant (S.I. B.D. Tripathi) and told him that he is Shiv Nath Tripathi and he resides in Chhota Bazar, District Banda and the another person who had just left the spot is Awadh Bihari Singh, resident of Gureh, is a notorious person and he is possessing a loaded countrymade gun and he on gun point, at Bajrang School forced him to take him on bicycle up to place Khai Par Theka else he will shoot him dead.