GUDDU DUEVEDI @ ARVIND KUMAR Vs. STATE OF UP

JUDGEMENT

(1.) These four criminal appeals have been filed against common judgment and order dated 8.1.2013 passed by Additional Sessions Judge/ Special Judge, E.C. Act, Lucknow in Sessions Trial No.371 of 2005, Case Crime NO.307 of 2004, police station -Sarojni Nagar, District Lucknow convicting all the four accused-appellants, namely, Guddu Duevedi @ Arvind Kumar, Ram Sagar, Bhoore Singh and Pintu alias Awadhesh Srivastava under Sections- 147, 148, 323/149, 325/149 and 302/149 IPC and sentencing them upto to life imprisonment, hence, these are being decided by this common judgment and order.

(2.) The prosecution in brief is that the informant of the case Devesh Yadav lodged a written report on 8.10.2004 to the effect that on 7.10.2004 at about 12 in the night when he along with his brother Jivendra Yadav, his father Genda Lal Yadav and his friends Atul Maurya and Harish reached to Pahalwan Dhaba at Maurang Mandi Transport Nagar to take tea, they saw that Guddu Duevedi alias Arvind Dwivedi armed with DBBL gun, Fauji alias Jageshwar armed with revolver, Ram Sagar armed with illegal fire arm, Bhoore Singh and Pintu alias Awadhesh Srivastava all together are beating Akhilesh Pandey very badly resulting that front tooth of Akhilesh got broken. Seeing this his younger brother Jivendra Yadav told Guddu Dwivedi alias Arvind Kumar and his companions that you are torturing, this is thoroughly goondai and this goondai is not right. On which aforesaid all accused persons became very angry and all with one target said that hit him with bullets so that he is killed. On his exhortation, Guddu Dwivedi alias Arvind Kumar by his DBBL gun in hands with intention to kill fired on his brother Jivendra Yadav due to which he was hurt and fell down and due to which there was panic in the Mandi and all the tea and pan shops situated in Maurang Mandi got closed and terror spread in the whole area and people began to run by their vehicles out of fear. His father, friends and other people have taken his brother to King Georges' Medical College, Lucknow for treatment. So proper action be taken after lodging the report.

(3.) On the basis of aforesaid report case was registered on 8.10.2004 at quarter past twelve against all five accused persons in Case Crime No.307/04, under Sections-147, 148, 149, 323, 325, 307 IPC at Police Station Sarojani Nagar.