NAND LAL MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal questions the correctness of the conviction and sentencing of the appellant under Section 302 read with Section 34 I.P.C. and under Section 506 (2) of the I.P.C. arising out of Session Trial No. 68 of 2006 in Case Crime No. 75 of 2005, P.S. Chakiya, District Chandauli.

(2.) In addition thereto, the appellant has also been sentenced to pay a fine of Rs. 25, 000/- and Rs. 2,000/- and in default thereof to undergo further imprisonment of two years and six months, respectively. The appellant has, however, been acquitted of the offence under Section 504 I.P.C.

(3.) The incident is of 1st of August, 2005. The written report and the first information report which were lodged on the same day at about 9:45 AM recite that at about 8:00 AM in the morning one Buddhesh Misra, the accused who was stated to have been armed with a country made pistol alongwith the appellant Nand Lal Misra, who is the uncle of the said accused and was holding a stick, assaulted the deceased Hirdaynarayan Upadhyay and caused a gun shot injury resulting in the instantaneous death of the deceased. The F.I.R. states that both the assailants came together for which an alleged motive had been attributed relating to a dispute of family property inherited by the maternal grand father of the informant. The said motive had given rise to differences on the fatal day resulting in the death of Hirdaynarayan Upadhyay. The accused abused the deceased and jumped from their side of the premises into the courtyard where the deceased was sitting on a cot. The deceased was chased and the appellant Nand Lal Misra is alleged to have first assaulted the deceased with his stick on his left knee where after he fell down and other accused Buddhesh Misra then shot him in the neck. The deceased instantly died and the accused fled away from the scene exhorting the other inmates including the witnesses who have deposed on behalf of the prosecution. The first informant Anil Kumar Upadhyay, who is the son of the deceased promptly lodged the FIR and has been examined as P.W.-1.