AYODHYA PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 26.04.1988 and order dated 27.04.1988 passed by learned Special Judge (E.C.Act) Banda in Sessions Trial No. 125 of 1986 (State vs. Shiv Autar and four others), under Sections 147, 148, 149, 307, 302, 382 of IPC, P.S. Badausa, District Banda, whereby accused appellant Ayodhya Prasad has been convicted under Section 302/34 and 307/34 of IPC. He has been sentenced to imprisonment for life along with fine of Rs. 500/- under Section 302/34 and three years rigorous imprisonment along with fine of Rs. 500/- under Section 307/34 of IPC. In default of payment of fine, he has to further undergo six months rigorous imprisonment. Both the sentences have been directed to run concurrently. Co-accused Shiv Autar, Radhey Shyam, Shyam Sundar and Krishna Dutta have been acquitted of all the charges.

(2.) As per prosecution version, on 19.6.1984 while complainant's brother Guru Prasad (deceased), sister-in-law Smt. Siya Dulari and mother Parwati were sitting outside their home, at around 07:00 pm, co-accused Shiv Autar along with appellant Ayodhya Prasad and co-accused Rajola armed with guns came there and Shiv Autar exhorted to kill Guru Prasad and consequently, appellant-accused Ayodhya Prasad and co-accused Rajola fired one shot each from their respective guns. Guru Prasad sustained firearm injury and by scattering one bullet also hit in right hand of PW-2 Siya Dulari. As a result of firearm injuries, Guru Prasad fell down and died at the spot. Hearing noise, (PW-1) complainant Indra Prasad, one Moti Lal and (PW-3) Gunni Dhobi also reached there and saw the incident but co-accused Shiv Autar threatened them and all accused went away. The alleged miscreants also took away lincensed double barrel gun of deceased Guru Prasad. It was alleged that there was enmity between deceased and Shiv Autar on account of election of Gram Pradhan and that proceedings under Section 107 of Cr.P.C. were also initiated between the parties.

(3.) Complainant / PW-1 Indra Prasad reported the matter to police by submitting written complaint Ex. Ka-1 and on that basis, present case was registered on 19.06.1984 at 9:30 PM against all the five accused persons, namely, Shiv Autar, Radhey Shyam, Shyam Sundar, Krishna Dutta and Ayodhya Prasad, under Sections 147, 148, 149, 307, 302, 382 of IPC vide FIR Ex. Ka-4.