AWADHESH KUMAR AWASTHI Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 28.5.1999, passed by Sri Ram Kishore-I, then Second Additional Sessions Judge/Special Judge (S.C./S.T. Act), Jalaun at Orai in Session Trial No. 3 of 1996, State v. Awadhesh Kumar Awasthi, whereby he convicted the appellant under Section 302, I.P.C. and 3 (2) (v) of S.C./S.T. Act and imposed life imprisonment for both offences with the order that both the sentences shall run concurrently.

(2.) THE prosecution case starts with an F.I.R. lodged by Bablu resident of Mohalla Umrarkhera, Police Station Kotwali Orai, district Jalaun on 11.6.09 at 11.45 p.m. with these allegations that his elder brother Rakesh is a meat seller and he was running a shop of meat. Prem Narayan Awasthi is also residing in the same Mohalla. He has several sons including Awadhesh (accused), Vinod and Rajesh. Awadhesh is a constable in the armed police and was posted at Hamirpur. He had come to his father's house at Orai several days ago and he had a Government rifle and cartridges with him. Rakesh and Awadhesh had walked together on the above date in the evening. THEreafter Rakesh came to his house and found that Rs. 200 which had been kept in his pocket were not there. THEn he and his mother Bhagwati went to the house of Awadhesh to demand Rs. 200 plus Rs. 25 being cost of meat purchased by Awadhesh. THEy reached there at about 10.45 p.m. Awadhesh, his father Prem Narayan, younger brother Rajesh and his wife Usha were present in the house. THEy started talking in the aangan of the house. Electricity light was there. Awadhesh abused Rakesh etc. and stated that he would not give the money at that time. THEn Rakesh and his mother said to him that on the next morning, they have to go to attend a marriage and so money should be paid immediately. THEn Awadhesh went inside the room and came out with the loaded rifle and opened one fire in the air. THEreafter he did second fire upon Rakesh who received firearm injury on left side of chest and fell down. THEn his father Prem Narayan, Usha (wife of Rajesh) and mother of Rakesh rushed to protect Rakesh and tried to snatch the rifle from Awadhesh. THEn Awadhesh did another fire and this time the bullet hit Usha and she also fell down. On hue and cry being raised, the neighbours reached there. THEn Awadhesh ran away from the house. THEreafter Bablu, the complainant, with the assistance of neighbours who had reached there took both the injured persons to the police station and he also took the Government rifle of the accused alongwith 40 live cartridges and one empty cartridge to the police station. It was also stated in the last sentence of the F.I.R. that Bablu was Harijan by caste.

(3.) THE learned trial court after hearing of the case came to the conclusion that both the charges were sufficiently proved against the accused-appellant and, therefore, it convicted the accused-appellant under Section 302, I.P.C. and 3 (2) (v) of S.C./S.T. Act and sentenced to him life imprisonment for both the offences, separately. However, it was provided that both these sentences shall run concurrently. Aggrieved with the above judgment and order, the accused has filed this appeal.