RAM PRATAP Vs. STATE OF U.P.

JUDGEMENT

(1.) The appeals arise out of the judgment and order dated 6.4.2017, passed by the Addl. Sessions Judge (FTC), Court No. 2, Azamgarh, in S.T. No.106/1998, convicting / sentencing the appellants under Section 302 IPC to life along with other ancillary sentences. The case of prosecution is that while P.W.-1 (injured - informant) on 9.9.1997 at about 5.30 PM, was returning on a cycle to his house, along with his younger brother (victim), Radhey Shyam and Ram Bachan (both not examined), they came across accused Ram Pratap, Vinod, Devendra, Anil and Arun near a grove. Ram Pratap exhorted that P.W.-1 and the victim be not spared. P.W.-1, fearing for his life, fled towards south of the road, turned back to see the accused, but was hit by a bullet on his neck from the country-made pistol fired by accused Arun. P.W.-1 further ran a distance of about 10 steps, again turned back to see that the accused persons had caught hold of his brother Rohit (victim), while Arun and Anil fired shots at him from their country-made weapons which hit the victim who fell in a ditch. The occurrence was witnessed by P.W.-1. P.W.-1 went towards the victim to find that he was no more. He took the body of the victim to the police station at a distance of 9 kms to lodge an FIR as Case Crime No.222/1997, under Sections 147/148/149/307/302 IPC, P.S. Didarganj, Azamgarh, same day at 8.30 PM.

(2.) The prosecution examined P.W.-1, the injured, P.W.-2, the Radiologist who got the x-ray of the injured (P.W.-1) conducted in his presence, P.W.-3, the doctor conducted the autopsy of the deceased, P.W.-4, the Head Moharrir proved the G.D entry (Ext. Ka-6) and the FIR (Ext. Ka-5) as also the signatures of S.I. Gorakhnath Singh and S.H.O. Shobhnath Saroj, the I.O.'s on other documents such as the site plan (Ext. Ka-8), memos of recoveries (Ext. Ka-10 to 12), charge-sheet (Ext. Ka-9) as S.H.O. Shobhnath Saroj was no more and S.I. Gorakhnath had retired but whereabouts not known. P.W.-5, the doctor examined P.W.-1 on 10.9.1997 at 12.30 AM at C.H.C., Phoolpur, Azamgarh.

(3.) The defence did not lead any evidence but claimed false implication as also the injuries of P.W.-1 manipulated with the collusion of the doctors. They also alleged that the victim died about 3 kms away from the village in suspicious circumstances.