JANG BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) Present jail appeal has been directed by accused-appellant Jang Bahadur against the judgement and order dated 08.10.2012 passed by Additional Sessions Judge, Court No.1, Gorakhpur in Session Trial No.420 of 2003 (State Vs. Jang Bahadur) under Section 302, 394 IPC, P.S. Cant, District Gorakhpur whereby Trial Court has convicted accused Jang Bahadur under Section 302/34 and 394/34 I.P.C. and sentenced him to rigorous imprisonment for life with a fine of Rs.30,000/- under Section 302/34 IPC; and rigorous imprisonment for ten years with fine of Rs. 10,000/- under Section 394/34 I.P.C.

(2.) Factual matrix of the case as emerging from First Information Report (hereinafter referred to as "FIR") as well as material placed on record is as follows.

(3.) Pw-1 Harikesh Yadav submitted a written Tehrir Ex.Ka-1 in Police Station Cant, District Gorakhpur on 06.06.2003 stating that he and victim Om Prakash Tiwari were working as a clerk and Koel used to sell snacks in Sharab Bhatti situated in village Daudpur. Accused Jang Bahadur used to visit daily, Bhatti to drink. At about 11:00 PM, in the intervening night of 05/06.06.2003, accused-appellant Jang Bahadur came to Bhatti and asked for vial of liquor borrowed from Om Prakash Tiwari victim who shooed him away, then accused-appellant Jang Bahadur threatened him that this escape would cause him darely and he went. At about 1:30 AM, again accused-appellant along with three companions came to Bhatti, who were identified well by witnesses in the light of Torch, when PW-1, PW-2 Koel and victim were sitting out on the board due to summer. Accused Jang Bahadur with his three companions abused them in filthy language and demanded liquor extending threat to kill. On being refused, they started abusing and beating them due to which they sustained injuries. Accused-appellant Jang Bahadur prompted his other companions saying that victim Om Prakash Tiwari refused to provide liquor, he must be killed. All the three persons caught victim Om Prakash Tiwari and accused-appellant Jang Bahadur started stabbing him with knife due to which victim sustained serious injuries. All accused-appellant threatened that if raised alarm, they would have also face dire consequences. Thereafter, accused and his other companions took money, kept in the bag and vial of liquor kept in shop. Om Prakash Tiwari was taken to hospital with the help of police where he succumbed to injuries.