VIJAY KUMAR VERMA, J. - (1.) CHALLENGE in this appeal is to the judgment and order dated 10.01.2003 passed by the Additional Sessions Judge/Fast Tract Court No. 3 Ghazipur, in S.T. No. 171 of 2001(State vs. Vimal @ Vinod Giri & others), whereby after striking off the charges under section 352, 504 & 506, all read with section 149 IPC, the appellants Vimal @ Vinod Giri, Rajesh Giri, Ramashray Giri, Santosh Giri and Ramayan Giri (herein-after to be referred as accused) have been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 20, 000/- each with default stipulation under section 302 read with section 149 IPC and ten years rigorous imprisonment and to pay a fine of Rs. 10, 000/- each with default stipulation under section 307 read with section 149 IPC in case crime No. 244 of 2001 of P.S. Nandganj, District Ghazipur. By the same judgment, the appellant Santosh Giri and Ramashray Giri have been further convicted and sentenced to undergo rigorous imprisonment for two years under section 147 IPC and the appellants Vimal @ Vinod Giri, Ramayan Giri and Rajesh Giri have been further convicted and sentenced to undergo rigorous imprisonment for three years under section 148. All the sentences have been directed to run concurrently.
(2.) IN a nutshell, the accused persons faced trial in the following backdrop:- P.W. 1 Vinod Giri lodged an FIR on 14.05.2001 at P.S. Nand Ganj, District Ghazipur. The case of the prosecution as appearing from the chik FIR Ext. Ka-5, in brief, is that the complainant Vinod Giri s/o Late Arjun Giri r/o village Babura (Madanhi) was sitting in his field under mango tree on 14.05.2001 at about 2.45 p.m. and his brothers Anil Giri and Amin Giri were standing there near him. When they were having talks, the accused Vimal Giri s/o Ramashray Giri armed with lincnced DBBL gun, Ramayan Giri s/o Chandrama Giri having SBBL Gun, Rajesh Giri s/o Chandra Giri armed with country made pistol (Katta), Santosh Giri s/o Ram Krit Giri having lathi in his hand and Ramashray Giri s/o Shri Nath Giri came there. There was dispute of rasta between the complainant and the accused persons. After reaching there, the accused Ramashray Giri exhorted other accused saying that "Ab ham log aa gaye hain, in salon ko jan se mar dalo." On this, the accused Vimal Giri fired from his DBBL gun on Amin Giri and accused Ramayan Giri also fired from his SBBL gun on Anil Giri, due to which they both sustained injuries. The accused Rajesh Giri also began to fire from country made pistol on the complainant, but he did not sustain any injury. The accused Santosh Giri having the lathi chased the complainant. On heaing the noise raised by the complainant, Shiv Prasad Giri s/o Ranjeet Giri and many other people of the village came there. Seeing those persons, the accused giving threatening fled away towards north-east side. When with the help of village people, the complainant was carrying his injured brothers to P.S. Nand Ganj, the injured Anil succumbed to the injuries in the way. The injured Amin and dead body of Anil were brought to P.S. Nand Ganj, where the complainant Vinod Giri handed over written report Ext. Ka-1, which was scribed by Shiv Prasad Giri. On the basis of this written report, the then constable moharrir Devi Prasad Dubey (P.W.6) prepared chik FIR Ext. Ka 5 and registered a case under section 147, 148, 149, 302, 307, 504, 506, 352 IPC on 14.05.2001 at 3.30 p.m. and made entry in the GD Ext. Ka 6 at the same time.
(3.) AFTER registration of the case, the injured Amin Giri was sent to PHC Nand Ganj with a letter (chittthi mazroobi). After giving preliminary treatment to the injured at PHC Nand Ganj, he was referred to the District Hospital Ghazipur, where he was medically examined by Dr. V.K. Singh (P.W.4) on 14.05.2001 at 4.50 p.m. According to the injury report (Ext. Ka-3/1), prepared by Dr. V.K. Singh, the following injuries were found on the person of injured:- Fire arm wound of entry 6cm x 2 cm x cavity deep on left side back 8cm above and lateral to left hip joint. Bleeding present. X-ray advised.Margin inverted. Fire arm wound of exit 4cm x 2cm x cavity deep on medial aspect of back of left side, 6cm above from left hip joint. Bleeding present. X-ray advised. Margin everted. No blackening and no tattooing and singing present on both injuries. After medical examination, the injured was admitted in the hospital, where he remained hospitalized till 27.05.2001, as is evident from Bed Head Ticket (Ext. Kha-1).;