RUPAYEE Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Dr. Abida Syed, learned Amicus Curiae for the appellants as well as Sri Om Prakash, learned AGA for the State and perused the documents on record.

(2.) The present criminal appeal has been filed against the judgment and order of the trial court dated 29.08.2005 passed by the IInd Additional Sessions Judge, Mirzapur in S.T. No.219 of 1997 convicting and sentencing the appellants to undergo imprisonment for life under Section 302/34 IPC and to pay a fine of Rs.5,000/-. In default of payment of fine they shall undergo further six months rigorous imprisonment.

(3.) On 02.07.1997 at 7.30 pm. one Rakesh Kumar s/o Bhaggan Maurya resident of Shivpur, Koirana, P.S. Vindhyachal, District Mirzapur lodged an FIR stating therein that he has three sisters; the accused Rupayee Dhaikar of P.S. Vindhyachal used to often come to his house and because of his objectionable behaviour he was scolded by his father, Bhaggan Maurya, as a result of which accused Rupayee bore a grudge and enmity against him. Earlier the accused had come to the house of the informant and threatened his father with dire consequences that he would see him. On 02.07.1997 at about 6 o'clock in the evening when his father was returning home from the shop of Lolarakh Singh and was a little distance away from the said shop the accused Rupayee alongwith Vijayee, both sons of Kallu Dhaikar, and one other person came from the side of the Railway Crossing and reaching close to his father, Rupayee asked his father to stop; just then Rupayee and Vijayee took out Katta (countrymade pistol) and fired at his father whereas the third person fired from another Katta in the air. The father of the informant on receiving bullet injuries fell on the ground. This incident caused so much fear on the road that people who were moving on the road shut their shops and ran away. In the first information report the informant also stated that this incident was witnessed by informant's brother Rajesh Kumar Maurya and Heera Lal s/o Mattar Maurya. By this time the informant's father had died. The three accused persons made good their escape after waving their weapons in the air. It is further stated that nobody chased the accused persons due to fear as they were carrying Kattas.