GANESH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order dated 10.12.1999 passed by the IVth Addl. Sessions Judge, Gorakhpur in Session Trial No. 465 of 1996 connected with S.T. No. 465A of 1996, whereby acquitting the accused-Rampreet and Bhagwat of the offence punishable under Section 120B of Indian Penal Code (in short, "the I.P.C.") and further acquitting the accused Arjun and Ramjeet of the offence punishable under Section 216, I.P.C., the appellants-accused Ganesh Yadav, Channa alias Ram Chandra Yadav and Babunna Yadav have been convicted and sentenced to undergo imprisonment for life under Section 302 read with Section 34, I.P.C. and ten years' rigorous imprisonment under Section 307 read with Section 34, I.P.C. However, these accused-appellants also have been acquitt spunishable under Section 120B, I.P.C. and Section 5, Explosive Substance Act.

(2.) IN a very shocking incident which occurred in the intervening night of 19/20.8.1995 at about 11.30 p.m. in village Jungle Agahi, tola Bharwal situated under the jurisdiction of P.S. Pipi Gang, district Gorakhpur, brutal murder of three kids of the complainant Shanker Yadav S/o Lal Chandra was committed. IN the same incident Shanker Yadav (P.W. 6), his wife Smt. Sandhyawati (P.W. 3) and mother Smt. Jokhna sustained injuries.

(3.) AFTER registration of the F.I.R., the injured Shanker, his wife Smt. Shandhyawati and mother Smt. Jokhna were sent for medical examination and treatment to District Hospital, Gorakhpur, where they were medically examined by Dr. Surendra Dev (P.W. 9). The following injuries were found on the person of these injured : Injuries of Smt. Jokhna vide Injury Report Ext. Ka-9 (Medical Examination on 20.8.1985 at 2.50 a.m.) :