RAMESH CHANDER Vs. STATE OF U.P.

JUDGEMENT

(1.) These two criminal appeals have been filed against the judgment and order dated 04.10.2004 passed by Addl.Sessions Judge, FTC (Court No. 1), Kannauj convicting and sentencing the appellant-Ramesh Chander under Section 302 IPC to undergo life imprisonment with a fine of Rs. 10,000/-,and in default thereof, to undergo six months simple imprisonment.

(2.) The appellant-Rakesh Chandra has been convicted under section 323 IPC and sentenced to undergo one year rigorous imprisonment.

(3.) The prosecution story, in brief, is that the informant- Narendra Singh(P.W.1) moved written report (Ex.Ka-1) at police station, Chibra Mau, district Kannauj alleging therein that accused-Rakesh Chandra(brother-in-law of Rekha Devi) wife of his brother (Dinesh Chandra Yadav) who is missing for last two months, the accused Rakesh Chandra always asked for giving share in agricultural plot to his sister-in-law(saali) and as his father is alive and the entire land is in his name, due to that Rakesh Chandra, Ramesh Chander and his father Lal Sahai became inimical to them; on 14.01.2001 at about 1.00 p.m., accused Rakesh Chandra, Ramesh Chander and Lal Sahai came to his house to discuss the above issue, they started abusing and Rakesh Chandra attacked with lathi on him; on the exhortation of Lal Sahai, accused Ramesh Chander fired on Yogendra from country made pistol with intention to kill him, which hit him in the right chest(kokh); his brother fell down and in the way to police station, succumbed to injuries. The event has been witnessed by Dhani Ram, Ashok Chandra, Yaduvir and other persons of locality. As per said written report, check F.I.R. was registered at the police station and G.D. entry No. 17 at 2.30 p.m. on the said date(Ex.Ka-11 and 12) which has been proved by Indrapal Singh(P.W.7). Thereafter, inquest( Ex-ka-2) of the deceased-Yogendra was conducted by S.I. J.N. Dwivedi (P.W.3). He prepared relevant police papers i.e. Challan naash, photo naash, letters to C.M.O and R.I. (Ex. Ka-3,4 and 5). The post mortem of the deceased conducted by Dr. Saket Mohan Singh(P.W.4). During post mortem, following injuries were found on the body of deceased;