LULU @ RAM PRATAP Vs. STATE OF U.P.

JUDGEMENT

(1.) AFORESAID two criminal appeals have been filed against the judgment and order dated 27.7.1987 passed by the Sessions Judge, Banda in ST. No. 325 of 1986 whereby appellant Lulu @ Ram Pratap was convicted under sections 302 and 307, IPC and was sentenced to undergo imprison­ment for life under section 302 IPC and R.I. for seven years under section 307 IPC Ap­pellant Parson was convicted under sec­tions 302/34 and 307/34, IPC and was sentenced to imprisonment for life under section 302/34 IPC and R.I. for seven years under section 307/34 IPC. Both the sen­tences awarded to the appellants were or­dered to run concurrently.

(2.) THE incident took place on 6.8.1986 at about 1 p.m. in village Darsedha, P.S Kamasin, Distt. Banda. The FIR (Ext. Ka-1) was lodged by the com­plainant Ram Pratap (P.W,2) the same day at 4.15 p.m. The prosecution story as unfolded in the FIR is that on 6 8.1986 at 1 p.m. Nathu (P.W.3) was going to take bath in the river. In front of the house of Krishna Awtar, ap­pellants caught hold of Nathu (P.W.3) and demanded Rs. 5,000/- from him. On call of Nathu, the complainant Ram Pratap (P.W.1) came there, scolded the appellants who got annoyed. The appellants went away to their house and came back with a gun and co-accused Gaya (brother of Lulu). On the exhortation of Parson and Gaya, appellant Lulu fired at the complainant with intention to kill which hit the com­plainant and his mother Smt. Ram Sakhia who suddenly came there. Smt. Ram Sak­hia died on spot and P.W 2 suffered inju­ries. The incident was witnessed by Raju and Nathu (P.W. 3).

(3.) ABOUT 100 ml semi-digested food was found in the stomach. Both intestines were lacerated and contained faecal matter in the opinion of the doctor, trie death was caused as a result of shock and haemor­rhage is a result of injury No. 1. Post­mortem report is Ext. Ka-1.