RAMESH KACHHI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Yogesh Kumar Srivastava, for Ramesh Kachhi (appellant-1), Sri Asim Gupta, holding brief of Sri Syed Imran Ibrahim, amicus curiae, for Ramdeen @ Tanta (appellant-2), Sri Nafees Ahmad, A.G.A., for State of U.P.

(2.) Ramesh Kachhi and Ramdeen @ Tanta have filed this appeal from their conviction and sentence passed by Additional Sessions Judge/Fast Track, Court No. 2, Banda, dated 05.02.2007/06.02.2007, in S.T. No. 9 of 2006, State vs. Ramesh Kachhi and another, [arising out of Case under Section 304/34 and Section 308/34 of Indian Penal Code, 1860 (hereinafter referred to as the IPC), police station Kalinjar, district Banda], convicting them, under Section 304 read with Section 34 IPC and sentencing for imprisonment for life and fine of Rs. 5000/- each and under Section 308 read with Section 34 IPC and sentencing for five years rigorous imprisonment and fine of Rs. 2000/- each, with default stipulation.

(3.) On the written complaint (Ex-Ka-1) of Matadeen (PW-1), F.I.R. (Ex-Ka-7) of was lodged under Section 304, 324, 323 I.P.C. against Ramesh Kachhi and Ramdeen @ Tanta on 27.08.2005 at 21:30 hours, by Constable Moharrir Kishan Lal (PW-6). It has been stated in the F.I.R. that the house of Sanjay Kacher son of Shyam Lal, aged about 17 years adjoined to the house of Ramesh Kachhi son of Bhairam Kachhi. Sanjay Kacher used to play T.V., C.D. in his house, through out the day and night. Ramesh Kachhi and his family members used to object it as in the house of Ramesh Kachhi, his sisters were residing. Sanju son of Babloo Koshtha, aged about 18 years, first cousin of the informant, always used to go to the house of Sanjay Kacher for viewing T.V., C.D. as they were friends. As usual, on 27.08.2005 at about 8:00 AM, Sanju Koshtha had gone to his field situated at Bhatihan Har, ahead Sukhana Nala, where Sanju Koshtha had his dera (cattle shed), where his cattle used to be tied. Being Janmashtami, Sanjay Kacher had also gone to the dera of Sanju Koshtha. The informant had also gone in his field, towards that place. In the evening, Sanju Koshtha and Sanjay Kacher were returning to their house at Katra from dera. As soon as, at about 5:30 PM, they reached near the field of Chhote Yadav at Sukhana Nala, Ramesh Kachhi son of Bhairam, Ramdeen @ Tanta son of not known, resident of Reuna, Kotwali city, Banda, who was residing at the house of Achchhe Lal Kushwaha at village Katra, from about two years, armed with danda, knife and barchhi, came from the side of village Katra and began to assault Sanjay Kacher. Sanju Koshtha intervened in the incident. Then they badly assaulted Sanju Koshtha. The informant and Sitaram, brother of Sanju Koshtha were going to their house from the field at that time. Looking to them Ramesh Kachhi and Ramdeen, who had caused grievous injuries from danda, knife and barchhi, fled away. They were taking the injured to Banda for their treatment on the Bulero of Lakhan Baba but Sanju Koshtha died in the way. Then they returned back to his village Katra and kept his dead body at his house. Family members of Sanjay Kacher has taken him to Banda in another vehicle, for his treatment. After lodging FIR, legal action be taken against the accused.