KAILASH YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) As these appeals arise out of common judgement and order dated 07.10.2010/16.10.2010 passed by Special Judge, Gangster Act, Jhansi in Sessions Trial No. 51 of 2006 (arising out of crime no. 1039 of 2005), convicting the accused-appellants under Sections 148, 323/149, 302/149 of IPC, and Section 3 of Gangster and Anti Social Activities (Prevention) Act, 1986 and sentencing them to undergo under Section 148 of I.P.C. 3 years rigorous imprisonment and a fine of Rs. 5,000/-, in default thereof, 6 months additional simple imprisonment, under Section 302 read with Section 149 of I.P.C. imprisonment for life and a fine of Rs. 10,000/-, in default thereof, one year additional simple imprisonment and under Section 3 of the Gangster Act, 7 years rigorous imprisonment and a fine of Rs. 5,000/- in default thereof, six months additional simple imprisonment with a direction that all these sentences shall run concurrently, they are being disposed of by this common order.

(2.) As per prosecution case, on 17.09.2005 at about 6:30 P.M., accused Kailash Yadav son of Lakshminarayan and Ajay @ Buddhu, son of Kailash Yadav, came to the village of victim party and at that time accused Kailash Yadav was in a drunken status. Both the accused persons started abusing the victim party, which was objected by them and soon thereafter, accused Ajay @ Buddhu gave blows of club to the first informant PW-1 Bhagwat Dayal. Upon hearing the shout of Bhaghwat Dayal, Jagdish Dubey, Tulsidas and other persons gathered there and after hearing the shout of accused Kailash Yadav, his brother accused Prakash Yadav, Rajendra Yadav, Abhijeet (deceased) and accused Ranjeet also reached to the place of occurrence. Accused Kailash was carrying rifle in his hand whereas deceased-accused Abhijeet was having double barrel gun with him and the other persons were having clubs in their hands. All the accused persons gave a beating to Jagdish also and according to prosecution case, whosoever was defending the victim party, was beaten by the accused party. During this 'marpeet' accused Kailash Yadav and Ajay @ Buddhu also sustained injuries. While this 'marpeet' was going on, Sant Ram (brother of first informant Bhagwat Dayal), who was returning from Jhansi, also reached to the place of occurrence and after seeing him, accused persons chased him and accused Kailash Yadav and Abhijeet caused firearm injuries to him resulting his instantaneous death. On 17.09.2005, at 9:15 P.M., FIR Ex.Ka.16 was lodged by PW-1 Bhagwat Dayal against all the six accused persons under Sections 147, 148, 149, 323, 504, 302 of IPC read with Section 7 of Criminal Law Amendment Act.

(3.) Injured Dhan Singh was examined by Dr. Harish Chandra on 17.09.2005, at 8:00 P.M., vide Ex. Ka. 6 and following injuries were noticed: