- (1.) Challenge in this appeal is to the judgment and order dated 10.1.2003, passed by the Additional Sessions Judge/Fast Track Court No. 3. Ghazipur, in S.T. No. 171 of 2001, State v. Vimal alias Vinod Giri and Ors. whereby after striking off the charges Under Sections 352, 504 and 506, all read with Section 149, I.P.C., the Appellants Vimal alias Vinod Giri, Rajesh Giri, Ramashray Giri, Santosh Giri and Ramayan Giri (hereinafter 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, I.P.C. 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, I.P.C. 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, I.P.C. and the Appellants Vimal alias 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 F.I.R. on 14.5.2001 at P.S. Nand Ganj, district Ghazipur. The case of the prosecution as appearing from the chik F.I.R. 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 14.5.2001 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 licenced D.B.B.L gun, Ramayan Giri s/o Chandrama Giri having S.B.B.L. 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 D.B.B.L. gun on Amin Giri and accused Ramayan Giri also fired from his S.B.B.L. 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 hearing 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.
(3.) 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 F.I.R. Ext. Ka-5 and registered a case Under Sections 147, 148, 149, 302, 307, 504, 506 and 352, I.P.C. on 14.5.2001 at 3.30 p.m. and made entry in the G.D. Ext. Ka-6 at the same time.;