LALLA Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant criminal appeal has been filed against the impugned judgment and order dated 5.2.2009 passed by Additional District and Sessions Judge, Court No.10, Gorakhpur in S.T. No.407 of 2002, (Case Crime No.277 of 1993), under Section 394, 302 I.P.C., P.S. Shahpur District Gorakhpur convicting the sole accused-appellant for offences under Sections 394, 302 I.P.C. and sentencing him with imprisonment for life and fine of Rs.5,000/- under Section 302 I.P.C. and with rigorous imprisonment for a period of 10 years and fine of Rs.2,000/- with imprisonment for an additional period of 3 months and 1 month respectively in cas of default in payment of fine.

(2.) The brief facts relating to the case are that Moti Lal lodged F.I.R. at P.S. Shahpur, District Gorakhpur at 11:45 p.m on 15.5.1993 at Case Crime No.277 of 1993, under Section 394 I.P.C. with averments that "on 15.5.1993 he, his brothers Hari Lal, Chotey Lal and Jagai Prasad as well as with Deep Narain, Toofani and Kewal of village were returning from Rajahi Camp Chauraha to their village after selling fishes and at about 8:00 p.m. across the railway crossing, when they reached near culvert at road, four miscreants ambushing in forest bushes armed with lathi, danda, sadasi, katta and torch reached to them and asked them in abusive manner to stop, else will be killed; that due to apprehension, they stopped and miscreants started taking their search and looted money of all of them, which was collected by them on sale of fishes and when Deep Narain made a protest, miscreants fired at him, due to which he fell down; that on alarm raised by them several persons of public arrived there with whose help they managed to catch hold of two miscreants while other two miscreants fled away with Rs.200/- looted from him; that out of two miscreants caught at the spot one named himself to be Bheem Yadav of Mohnapur Lagan Tola and another Lalla of Padari Bazar, both of P.S. Shahpur, District Gorakhpur; that since both miscreants were beaten badly by public, so both of them and Deep Narain were taken to District Hospital, Gorakhpur for treatment; that the miscreants who managed to flee away may be identified.

(3.) Since injured Deep Narain succumbed to the fire arm injury, offence under section 302 I.P.C. was added in the case. During investigation after collecting the injury reports of victims Ram Kewal, Toofani, Chotey Lal as well as miscreants Bheem and Lalla and post mortem reports of victim Deep Narain and miscreant Bheem, preparing site plan and collecting evidence and enquiry about the names of other two accused, who fled away from spot, disclosed as Babloo son of Makhan of Mohnapur and Bechu @ Burhwa son of Heera Lal of Bhagat Purwa, both P.S. Shahpur, District Gorakhpur, arrested Babloo. However, Babloo could not be identified during identification parade, hence was released. I.O. upon completion of investigation submitted charge-sheet against appellant Lalla under Sections 394 and 302 I.P.C. and his case was committed to sessions. In S.T. No.407 of 2002 charges under Section 394 and 302 I.P.C. were framed against sole accused Lalla on 7.10.2002 to which he denied and demanded trial.