DILIP Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Dilip Kumar, Senior Advocate assisted by Sri Rakesh Dubey and Mohd. Farooq, learned counsel for the appellants, Sri P. K. Singh, learned counsel for the complainant and Smt. Manju Thakur, learned A.G.A.-I for the State.

(2.) This appeal has been preferred by the appellants Dilip (A1), Arjun Pal @ Palauli (A2) and Akhtar Karim @ Achchhe Kariya (A3) against the judgement and order dated 18.07.2008 passed by IVth Additional District and Sessions Judge, Kanpur Nagar in Sessions Trial No. 1349 of 2003 (State Vs. Dilip and others) arising out of Case Crime No. 183 of 2003 u/s 302 I.P.C. and 7 of Criminal Law Amendment Act connected with Sessions Trial No. 1350 of 2003 (State Vs. Arjun Pal and Dilip) arising out of Case Crime No. 205 and 206 of 2003 u/s 25/27 Arms Act and connected with Sessions Trial No. 1351 of 2003 (State Vs. Ankur and Akhtar Karim @ Achchhe Kariya) arising out of Case Crime No. 207 and 208 of 2003 u/s 25/27 of the Arms Act, P.S.- Bajariya, District- Kanpur Nagar, by which all the three appellants were convicted and sentenced to imprisonment for life and a fine of Rs. 10,000/- each and in case of default in payment of fine, six months additional imprisonment each u/s 302 I.P.C., six months rigorous imprisonment and a fine of Rs. 1,000/- each and in case of default in payment of fine, one month additional imprisonment each u/s 7 of Criminal Law Amendment Act and two years rigorous imprisonment and a fine of Rs. 2,000/- each and in case of default in payment of fine, two months additional imprisonment each u/s 25/27 of the Arms Act. All the sentences were directed to run concurrently.

(3.) According to the written report (Ext.Ka.1) lodged by P.W.1 informant Ashok Kumar Gupta at P.S.- Bajariya, District- Kanpur Nagar on 13.07.2003 at 21.15 hours, in the afternoon of 13.07.2003 at 3 p.m., informant's brother Sushil Kumar was standing on the roof of his house while Dilip (A1), Rohit and Rajan were quarreling with each other. P.W.5 Jeetu son of Sukh Lal and Sushil Kumar son of Brij Bihari Lal had tried to settle the matter during which a dispute took place between them. On the same day at about 8 p.m. while Sushil son of Brij Bihari Lal, P.W.5 Jeetu son of Sukh Lal, Vijay Kumar Yadav son of Swaroop Yadav and Ram Lakhan Yadav son of Ram Sevak Yadav had gathered in House No. 104/72 situated in Sisamau for going to attend the house warming party in the neighbourhood, Arjun Pal @ Palauli (A2) son of Mishri Lal, Dilip (A1) son of Late Siddhnath, Ankur and Akhtar Karim @ Achchhe Kariya (A3) armed with country-made pistols arrived there and started abusing Sushil Kumar, accusing him of having become a very big leader, fired at him simultaneously. Sushil received several gunshot injuries on account of which he fell on the ground and started wriggling with pain. People who were sitting in the lane in front of their houses on cots, on hearing the sound of gunshots, started running helter-skelter which eventually led to a stampede. Fear and terror gripped the atmosphere. People locked the doors of their houses from inside. After the firing was over, the accused left threatening everyone with dire consequences who dared to depose anything against them, brandishing their country-made pistols in the air. With the help of the family members and the residents of the locality, he took Sushil to the hospital. He however died on the way. All the miscreants were hardened criminals. According to the complainant, the aforesaid incident was witnessed by P.W.3 Ram Lakhan Yadav, P.W.5 Jeetu, Vijay Kumar and large number of neighbours.