RUKKU Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Mahesh Prasad Yadav and Sri Kamta Prasad, learned counsel for appellant, Sri Rajiv Lochan Shukla, learned counsel for the complainant and Sri Krishna Pahal, learned Additional Advocate General.

(2.) This criminal appeal has been preferred by Rukku S/o Hisamuddin against the judgment and order dated 12.4.2017 passed by Sessions Judge, Hamirpur in S.T. No. 127 of 2003 (State Vs. Rukku), whereby the accused-appellant has been convicted under Sections 148, 307 read with Section 149 and 302/149 IPC and has been sentenced with one year rigorous imprisonment and fine of Rs. 1,000/- under Section 148 IPC and in default of payment of fine one month additional rigorous imprisonment, with seven years rigorous imprisonment and fine of Rs. 3000, under Section 307 IPC and in default of payment of fine three months additional rigorous imprisonment, with life imprisonment under Section 302 IPC and fine of Rs. 5,000/- and in default of payment of fine six months rigorous imprisonment and it is further directed that all the sentences shall run concurrently.

(3.) In brief the prosecution case as per the F.I.R. is that on 26.1.1997 at about 7:30 pm, PW-1 Rajiv Shukla S/o Bhishma Prasad Shukla had gone to purchase articles with his servant Lallan S/o Pahalwan. His elder brother Rakesh Kumar Shukla, his two sons Gudda and Chandan, informant's son Vipul, Sri Kant S/o Gaya Prasad Pandey and Ved Prakash S/o Bhagwati Saran Nayak had gone to the place of informant's elder brother-in-law (bahnoi), who was living in Sunrahi Gali and they were returning home from there. As soon as they reached near gun shop of Naseem, having seen him and Lallan, they stopped the vehicle and started talking, in the meantime, from out of house of Naseem, Ashok Singh Chandel, Ex. M.L.A., Shyam Singh S/o Birbal r/o Sumerpur, Sahab Singh, Jhandu Arakh resident of Pachkhura Khurd, P.S. Sumerpur, driver of Ashok Singh Chandel namely Rukku (appellant), resident of Khalepur, Hamirpur and gunner, armed with rifles and guns in their hand, came out and in prosecution of their common object, started making fire upon his elder brother and other persons, who were with him named above. Hearing that fire, from the side of market, Raghuvir Singh, a contractor of liquor, his son Dabbu Singh, Pradeep Singh S/o Shivnath Singh, Uttam Singh, Bhan Singh Advocate also came there by vehicle and getting down from it, started making fires from guns and rifles, which they were wielding in their hands, by which Sri Kant and Ved, who were sitting behind in the vehicle, received fire arm injuries and firing was made by Rakesh Kumar Shukla, Gudda, Chandan and Vipul from the front, which hit all the four and they fell down in the vehicle. Due to firing, stampede ensued and the market was closed. After receiving the information of this occurrence, his elder brother Rajesh Kumar Shukla, Ravi Kant Pandey and Bhagwati Saran Nayak, Sri Prakash, Anil and many other persons of the 'Mohalla' reached the place of occurrence. Vipul and Chandan have received minor injuries and rest of the three were being taken to the hospital but as soon as they reached near house of Parma Pandit, from the front side, Raghuvir Singh and others and Ashok Singh Chandel along with his companions again came there and exhorted that no person of this family should be allowed to escape and none of them should be left alive and saying so, started making indiscriminate firing, by which his elder brother Rajesh Shukla received fire arm injuries, who fell down and he himself and Ravi Kant Pandey also received injuries. In the melee, which ensued in this occurrence, people, who were with him, concealed themselves hither and thither and, thereafter, coming close and continuously firing, the licensed gun of his father, which was being carried by his elder brother Rajesh Kumar Shukla, was taken away and all the accused fled from there by their vehicles and after the accused having left, the informant saw that his brother Rakesh Kumar Shukla, Gudda and Rajesh Kumar Shukla had died on the spot, while treating Sri Kant Pandey and Ved Prakash to be alive, all of them were taken to the hospital, where doctor declared them dead. Further it is mentioned that in 1995, Sanjay Shukla of Sumerpur and Shiv Narayan Mishra of Degree College, were murdered by Shyam Singh and others, in which, from the side of deceased persons, informant's brother Rajesh Kumar Shukla was doing pairvi and the Sri Kant's brother Rama Kant Pandey (Advocate) had done pairvi against Shyam Singh and others and in the current elections, the opposition was made of Ashok Singh Chandel, because of which, Ashok Singh Chandel, Raghuvir Singh and Shyam Singh were having inimical relationship and Ashok Singh Chandel had taken side of Shyam Singh and others in 1995. The informant has further written in the F.I.R. that he had come for lodging the report after leaving the deceased in hospital, therefore, his report may be lodged and the other injured person should be got medically examined in police protection.