B.N.SHUKLA, J. - (1.) BY Judgment and Order dated 16.1.2009 passed by Sessions Judge, Banda in Sessions Trial No. 254 of 2003 State Vs. Shobhit Chaturvedi and others, the accused Shobhit Chaturvedi, Billar and Chhotey have been found guilty and convicted under section 302/34 I.P.C.; whereas accused Dr. Sharad Chaturvedi has been found guilty and convicted under section 302/149 I.P.C. Accused Chhotey has also been found guilty and convicted under section 25 Arms Act by the Judgment and Order passed in Sessions Trial No. 255 of 2003 State vs. Chhotey. Thereafter by order dated 23.1.2009 passed by Sessions Judge, Banda in the aforesaid Sessions Trials, accused Dr. Sharad Chaturvedi has been sentenced for life imprisonment under section 302/149 I.P.C.; accused Shobhit Chaturvedi and Billar have been sentenced for life imprisonment under section 302/34 I.P.C. whereas accused Chhotey has been sentenced with death penalty under section 302/34 I.P.C. and has been directed to be hanged till death. The said accused Chhotey has also been sentenced to undergo imprisonment for 3 years under section 25 Arms Act. Both the sentences of accused Chhotey have been directed to run concurrently.
(2.) CHALLENGING the said Judgment and Order, accused Chhotey has filed an appeal which has been registered as Capital Case No.1357 of 2009; accused Shobhit Chaturvedi has filed Criminal Appeal No.423 of 2009; accused Dr. Sharad Chaturvedi has filed Criminal Appeal No. 424 of 2009 and accused Billar has filed Criminal Appeal No. 474 of 2009. Since death penalty has been awarded to accused Chhotey, the Sessions Judge, Banda has also made a Reference under section 366 Cr.P.C. which has been registered as Reference No. 2 of 2009. Since all the aforesaid cases (Capital Case, Criminal Appeals and Reference) relate to the same incident, they have been heard together and are being decided by a common judgment.
(3.) IN brief the facts are that the complainant Ram Sanehi s/o late Laxman Prasad Raikwar lodged a report at Police Station Kotwali Nagar, Banda on 5.8.2003 at 8.40 p.m. As per the said first information report, Awadhesh alias Pota s/o Ram Sanehi Raikwar was returning to his house from Mahabiran Temple and at about 7.30 p.m., when he reached the street (Gali) in front of the house of Bhawani Shashtri, he was surrounded by accused Shobhit Chaturvedi s/o Dr. Sharad Chaturvedi; Billar s/o Badri Sahu, Chhotey s/o Badri Sahu and Dr. Sharad Chaturvedi who were armed with knives and country made pistol. At some distance, the witnesses Chhotey s/o late Laxman Prasad Raikwar and Sanjai s/o Santosh were coming from behind and on seeing Awadhesh having been surrounded by the aforesaid accused persons and on hearing the shouts of Awadhesh, the said witnesses intervened and raised alarm, hearing which the complainant Ram Sanehi as well as Suraj s/o Maiyadeen and Om Prakash alias Bablu s/o Babu Ram rushed to the place of incident where they all saw accused Shobhit Chaturvedi and Billar giving repeated knife blows to Awadhesh with an intention to kill him because of which Awadhesh fell down. Accused Dr. Sharad Chaturvedi was exhorting the other accused persons to kill Awadhesh. On seeing the complainant and other persons, accused Chhotey s/o Badri Sahu fired two shots from his country made pistol on Awadhesh as well as gave him blows with his knife. The complainant and other witnesses threatened the accused persons, because of which they ran away from the scene of occurrence. Thereafter the complainant took his injured son Awadhesh to the Government Hospital where he was declared dead. In the end, it was stated in the first information report that the dead body of Awadhesh was lying in the Hospital and that report be registered and necessary action be taken.;