MUNNA LAL Vs. STATE OF U P

JUDGEMENT

(1.) This appeal under Sec. 383 of Code of Criminal Procedure, has been filed by convict-appellant Munna Lal, through District Legal Services Authority by Senior Superintendent of Jail, Pilibhit, against judgment of conviction and sentence dated 13.06.2013 passed by Court of Sessions Judge, Pilibhit in Sessions Trial No.240 of 2010 under Sec. 302/34, 452 Penal Code in Case Crime No.144 of 2010, P.S.Bisalpur, District-Pilibhit. By the impugned judgment appellant Munna Lal has been convicted for offences under Sec. 302 and 452 IPC. He has been sentenced with life imprisonment, alongwith fine of Rs.10,000.00 under Sec. 302 Penal Code and in case of default of payment of fine, he has to undergo further imprisonment of one year. Under Sec. 452 IPC, he has been sentenced to one year's rigorous imprisonment alongwith fine Rs.2000.00 and in case of default in payment of fine, he has to further undergo imprisonment for three months. Both sentences were directed to run concurrently.

(2.) Prosecution case in brief, as per Informant, Sher Singh (PW-1) is that Amit Kumar and Sushma Devi, who are brother-in-law and sister of Informant, respectively, had come to his house and on 05.02.2010 at about 11.00 P.M., Harivansh Singh (Informant's father), Ganga Devi (Informant's mother), Amit Kumar and Sushma Devi were talking with each other, sitting on a bed (takht) lying in verandah of their house. At that very moment, Munna Lal, Chhote Lal, Roop Lal and Pyare Lal came in courtyard of Informant's house getting down from roof of the house by stairs. All four persons held pistols in their hand. They asked Informant's father Harivansh Singh to return vehicle of Munna Lal, which was refused by him. On this, they used filthy language and opened fire aiming at him in presence of Informant, which hit him on his head and as a result thereof Informant's father died instantaneously. Further case of prosecution is that battery operated tubelight was glowing in Informant's house. After assault, all the above named four accused persons fled away by opening door of the house. Thereafter, leaving dead body of his father at the spot, Informant (PW-1) went to lodge First Information Report (hereinafter referred to as 'FIR') at police station on the same day i.e. 05.02.2010 at 23.50 hours.

(3.) After submission of Written Report (Exhibit Ka 1), Chik Report Exhibit Ka 3 was prepared by PW-4 Constable Clerk, Roshan Lal and case was registered at Case Crime No.144 of 2010 under Sec. 452/302 Penal Code against accused Munna Lal and three others. Relevant entry of incident was also made in General Diary at Serial No.35 at 23.50 hours at 05.02.2010, (carbon copy whereof is Exhibit Ka 4). After registration of case, investigation was handed over to PW-5, S.I. Ashok Kumar Singh, In-Charge Inspector, P. S.Bisalpur. After obtaining necessary documents, i.e. copies of Chik Report, statement of Informant etc., he proceeded for place of occurrence. He prepared Site plan, Exhibit Ka 5; recorded statements of witnesses Gaurav and Jamanti Prasad; took into possession blood stained pillow (Material Exhibit 1); took sample of blood stained earth (Material Exhibit 2) and simple earth (Material Exhibit 3) from spot and sealed them in separate bottles and prepared recovery memo (Exhibit Ka 7); prepared Inquest (Exhibit Ka 8) and also recovery memos, Exhibit Ka 9 to Ka 13, in respect of Challan Nash, Photo Nash, Specimen Seal, Letter to Regional Inspector and Letter of concerned Chief Medical Officer with request to Post Mortem Examination respectively.