KHEMA Vs. STATE OF U P

JUDGEMENT

(1.) As all these appeals arise out of impugned common judgement and order dated 28.09.2006 passed by Additional Sessions Judge, Court No. 4, Mathura in Sessions Trial Nos.515 and 655 of 2002, convicting all accused persons under Sections 302/149, 307/149 and 148 of IPC and sentencing them to undergo imprisonment for life, with a fine of Rs.5000/- each, in default thereof, one year rigorous imprisonment; to undergo seven years rigorous imprisonment, with a fine of Rs. 3,000/- each, in default thereof, eight months rigorous imprisonment; to undergo one year rigorous imprisonment; further, convicting accused Balbir under Section 25 of the Arms Act and sentencing him to undergo one year's rigorous imprisonment, with a fine of Rs.1000/-, in default thereof, three months' rigorous imprisonment and also convicting accused Deepi under Section 4/25 of the Arms Act and sentencing him to undergo six months' rigorous imprisonment, they are being disposed of by this common judgment.

(2.) In the present case, name of the deceased is Prakash, whereas Omveer (PW-1) informant, is a brother of the deceased. On 01.05.2002, marriage of two daughters of deceased Prakash was to be solemnized. On 27.04.2002 at about 8.00 am, when deceased Prakash and his wife Kripa were going to extend invitation to their relatives, near the house of accused Deepi all the accused persons, who were hiding themselves inside the house, came out carrying weapons. It is said that accused Deepi and Kanhaiya were having farsa with them, accused Khema @ Khem Chandra was having a club, accused Jasram, Balveer and Mahaveer were having country made pistols with them. All of them started assaulting deceased Prakash and threw him on the brick road (Kharanja). Inder (PW-2), brother of the deceased, his sister Omwati and Kripa, wife of the deceased, came forward to save the life of Prakash, but accused persons also assaulted them in which, Inder suffered gunshot injury. On the basis of written report, Ex. Ka.1, FIR, Ex. Ka.6 was lodged on 27.04.2002 at 10.10 am by Omveer (PW-1), brother of the deceased. Based on this FIR, offence under Sections 147, 148, 149, 307, 302, and 506 of IPC was registered against all the accused persons. Inquest on the dead body, Ex.Ka.3 was conducted on 27.04.2002 and the body was sent for postmortem, which was conducted on the next day, i.e. 28.04.2002 by Dr. Karmendra Singh (PW-3).

(3.) As per Autopsy Surgeon, following 14 injuries were found on the body of the deceased: