RAM KRISHNA YADAV Vs. STATE OF U P

JUDGEMENT

(1.) The aforesaid criminal appeals have been preferred by the appellants against the judgment and orders dated 12.2.2015 passed by Additional Session Judge, Shahjahanpur passed in S.T. No. 277 of 2013 arising out of case crime no. 42 of 2013 convicting and sentencing appellants Ram Krishna Yadav and Nanhey under section 302 & 34 I.P.C. for rigorous life imprisonment with a fine of Rs. 10000/- and in case of default of payment of fine additional rigorous imprisonment of two years and also convicting and sentencing the appellant Nanhey by the aforesaid impugned judgment and order passed in S.T. No. 278 of 2013 arising out of case crime no. 45 of 2013 under section 25/27 Arms Act for three years rigorous imprisonment with a fine of Rs. 5,000/- and in default of payment of fine additional rigorous imprisonment of three months.

(2.) The brief facts of the case are that an F.I.R. was lodged by one Gangadeen Yadav son of Ramlal resident of village Puran Nagla, police station Paror, District Shahjahanpur (hereinafter referred to as 'the informant') alleging that on 23.1.2013 in the night, he along with his son Krishna Pal (hereinafter referred to as 'the deceased') aged about 25 years had gone in the Tilak ceremony at the house of one of his relative, namely, Ramdas son of Soran resident of village Nagriya, police station Kalan, District Shahjahanpur. In the said ceremony, accused Nanhey Yadav and Ram Krishna sons of Pyare Lal resident of Dharampur, police station Paror, district Shahjahanpur were also present. There was sufficient light in the Tilak ceremony through generator. In the night, at about 11 p.m., accused Ram Krishna because of some previous enmity caught hold of the deceased from back and exhorted his brother Nanhey Yadav to shoot him on which the accused Nanhey Yadav fired shot on the deceased by a country made pistol at the back of his head due to which the deceased died on the spot.

(3.) On the said written report given by the informant at police station Kalan, District Shahjahanpur, an F.I.R. was registered against accused Nanhey Yadav and Ram Krishna Yadav as case crime no. 42 of 2013 under section 302/34 and 504 I.P.C.