PHOOL CHAND AND OTHERS Vs. STATE

JUDGEMENT

(1.) The present criminal appeal has been preferred by the three appellants, out of which appellant no.1-Phool Chand alias Baggar, son of Tulsi and appellant no.3-Gauri Shanker alias Gauri Sahai, son of Devi Das have died during the pendency of the present appeal and appeal on their behalf has already been ordered to be abated by Coordinate Bench of this Court vide order dated 29.9.2015, thus, the present appeal survives with respect to appellant no.2-Rajendra, son of Phool Chand only, hence, the Court proceeds to adjudicate the aforesaid appeal with respect to the said appellant, namely, Rajendra.

(2.) The present criminal appeal has been preferred against the judgment and order dated 23.10.1982 passed by IInd Additional Sessions Judge, Jaunpur in S.T. No.17 of 1982, convicting the appellants under Sections 302/34 I.P.C. and sentencing them to undergo life imprisonment, further convicting the appellant-Phool Chand alias Baggar under Section 324 I.P.C. and sentenced him to undergo two years rigorous imprisonment and the appellants Rajendra and Gauri Shanker were convicted under Section 324/34 I.P.C. and sentenced to undergo one year rigorous imprisonment and all the the sentences were directed to run concurrently.

(3.) The prosecution case in brief is that a First Information Report was lodged by the informant, namely, Banarsi Lal, son of Ram Naresh Chaurasia on 9.8.1981 at 9.05 a.m. at Police Station Mariahun, District Jaunpur, which was registered as Case Crime No.172 of 1981 (S.T.No. 17 of 1982), under Section 302/307 I.P.C. against the three accused persons including the appellant, namely, Phool Chand alias Baggar, Rajendra alias Ghorai and Gauri Shanker alias Gauri Sahai (gold smith) with an allegation that there was a quarrel between one Lallan Dubey, resident of Village Sotipur and accused Phool Chand alias Baggar, resident of Village Belwa as there was some litigation between them with respect to property. On 9.8.1981 at about 8.15 a.m. in the morning, Phool Chand alias Baggar, Rajendra alias Ghorai and Gauri Shanker alias Gauri Sahai (a gold smith) of Village Belwa, who were armed with guns, came at the Rakhwa Crossing and started abusing Lallan Dubey. On which, deceased Chhotey Lal, who was a resident of Village Rakhwa said that as to why they are abusing Lallan Dubey and it is of no use to abuse Lallan Dubey when he is not present. On the said reply given by the deceased Chhotey Lal, accused Gauri Shanker alias Gauri Sahai exhorted and stated that Chhotey Lal be killed as he was taking side of Lallan Dubey. On the exhortation of Gauri Shanker alias Gauri Sahai, accused Phool Chand alias Baggar and appellant-Rajendra fired shot at the deceased Chhotey Lal with their respective firearms, on account of which the deceased Chhotey Lal sustained injuries and fell down on the road. On the said moment, Saheb Lal (nephew) and Surat Lal (brother of the deceased), Mukhtar and Sher Ali residents of Village Rakhwa, rushed to save the deceased Chhotey Lal and chased the accused, then accused Phool Chand alias Baggar again fired shot by his gun at them, on account of which they received injuries. The incident was witnessed by Kanhaiya Lal, Tilakdhari and various other persons including the informant. After the murder of the deceased, the accused fled away from the place of occurrence. Thereafter, the informant along with others took the deceased Chhotey Lal in a Tempo of one Rajendra Singh, resident of Village Kakrahi bearing vehicle No. U.T.O.1566 to Mariahun Hospital and while they hardly travelled about a furlong, the deceased Chhotey Lal had died. Thereafter, he proceeded with the said tempo along with the deceased Chhotey Lal to the Police Station Mariahun. On reaching at the concerned police station, the informant Banarsi Lal had given a written report (Ext. Ka.1) at Police Station Mariahun for lodging an FIR, in pursuance of which the Head Constable Ram Pher Yadav, who was then posted at Police Station Mariahun, prepared Chik Report (Ext. Ka.1) and registered a case in G.D. at serial No.11 against the accused persons under Section 302 I.P.C. vide Ext. Ka.8. Sub Inspector Gorakhnath who was then posted as Station Officer at Police Station Mariahun, who was present at the said police station, after registration of the FIR took the investigation of the case. He examined the informant Banarsi Lal at police station and thereafter prepared the inquest report of the dead body of the deceased (Ext. Ka.9). He also prepared Photo-lash (Ext. Ka.11) and Challan lash (Ext. Ka.10). After inquest, the dead body of the deceased Chhotey Lal was sealed in a piece of cloth and was given in the custody of Constable Sudarshan Yadav and Constable Mata Prasad for being sent to Sadar mortuary for post mortem. The Investigating Officer examined the injured witnesses, namely, Surat Lal, Mukhtar, Sher Ali, Saheb Lal and other witnesses, namely, Rajendra, Kanhaiya Lal and Tilakdhari. He also got mazroobi chitthi prepared for examination of the injured witnesses and further inspected the place of occurrence and prepared the site plant (Ext. Ka.14). He collected the blood stained earth and plain earth from the place of occurrence and sealed it in small tins and prepared fard (Ext. Ka.13).