LILLI ALIAS SURENDRA PANDEY Vs. STATE

JUDGEMENT

(1.) APPELLANT No. 1 Lilli alias Surendra Pandey and appellant No. 2 Pappu alias Pradeep Kumar Dubey have been convicted under Section 302/34 of the indian Penal Code and sentenced to Rigorous Imprisonment for life imprisonment and a fine of Rs. 2000/- each with default stipulation by the impugned judgment dated 13-10-1999 passed in Sessions Trial No. 314/1996 by the Additional Sessions Judge, Sihora, District Jabalpur.

(2.) THE victim of the incident was deceased Shiv Kumari Tiwari.

(3.) ACCORDING to the prosecution case, on 24-2-1996 at about 1:30 p. m. Ram Kishan (P. W. 8), while returning home during lunch hours on a motorcycle of his Deputy Ranger, received information that his younger brother Shiv kumar was being beaten up. Ram Kishan (P. W. 8) immediately rushed to save shiv Kumar and on reaching Majhgawan Road he saw appellant No. 2 dragging shiv Kumar and appellant No. 1 repeatedly stabbing in his chest and stomach with a knife. Appellant No. 2 then fell Shiv Kumar on the road and struck many blows on his neck with a "gupti". Ram Kishan (P. W. 8), on seeing the incident, shouted at the appellants but they fled on their two wheeler towards Umaria road. Ram Kishan (P. W. 8) immediately went to Shiv Kumar who died in agony before him. The incident took place in front of the house of appellant No. 2. Ram Kishan (P. W. 8) rushed to Police Chowki, Khitola, and lodged the report, exh. P-5, at 2:35 p. m. about the incident which was recorded by Town Inspector k. C. Bajpai (P. W. 15 ). The distance of police chowki from the place of incident is three kilometers. The report of Ram Kishan (P. W. 8) was later recorded as first Information Report, Exh. P-6, at Police Station, Sihora, District Jabalpur by Sub Inspector D. S. Chouhan (P. W. 11 ). Ram Kishan (P. W. 8) in his report, exh. P-5, categorically named the appellants as the assailants of Shiv Kumar. Ram Kishan (P. W. 8) also mentioned in the report that the incident was witnessed by other persons. K. C. Bajpai (P. W. 15) came to the place of incident and prepared the spot map and Inquest Report, Exh. P-10, of deceased Shiv kumar. He also recorded the statements of witnesses.