RAKESH TIWARI, J. - (1.) HEARD Sri Radha Mohan Pandey, Advocate assisted by Sri Ramesh Chandra, learned counsel for the appellants, Sri S.A. Murtaza, learned AGA and perused the record.
(2.) THIS appeal challenges the judgment and order dated 27.1.2005 passed by the Additional Sessions Judge/Fast Track Court No.1, Mirzapur convicting and sentencing the appellants in S.T. No. 113 of 1999, State versus Phulwari and others, S.T. No. 308 of 1999, State versus Daya Ram and others and S.T. No. 89 of 2001, State versus Amrit Lal respectively under Section 302/149 IPC with life imprisonment and fine of Rs.5,000/- each and that in case of default of payment of fine the accused-appellants to further undergo rigorous imprisonment for a period of six months each. The trial Court further convicted and sentenced the appellants under Section 147 IPC to undergo rigorous imprisonment for one year and fine of Rs.500/- each and in default of payment of fine to undergo simple imprisonment for a period of one month. They have also been convicted and sentenced under Section 148 IPC with rigorous imprisonment of one and half years and fine of Rs.1,000/- each and in default of payment of fine to further undergo simple imprisonment of two months. All the sentences were ordered to run concurrently. The case of the prosecution is that a written report was submitted by Sri Santosh Kumar Dubey son of late Dudh Nath Dubey resident of village Aghamafi, P.S. Lalganj, District Mirzapur on 16.12.1995 at 5.15 P.M. in P.S. Lalganj to the effect that he along with his brother Ashok Kumar, father Dudh Nath Dubey, Hari Shankar Mishra son of Murli Mishra, Vijay Shankar Tiwari son of late Narayan Tiwari and tractor driver Bhai Lal son of Roop Narain had come to the Thrasher Machine of Thakur situated in Qasba Lalganj on Tehsil Road for threshing the paddy. The father of the complainant had sat down on the gunny bag filled with paddy. The complainant along with other persons started unloading the gunny bags filled with paddy from the tractor. At about 4.30 P.M. on 16.12.1995 Amrit Lal son of Munni Pasi, his brother Indar, and brother-in-law (sala) Daya Ram came carrying bomb and Sri Pal son of Beni Harijan, resident of village Mathurapur and Sita Ram brother-in-law of the brother of Amrit Lal resident of Qasba Lalganj and Phulwari son of Gangoli Harijan resident of village Newaria P.S.Lalganj armed with country made pistol in their hands came there from towards Tehsil. Indar exhorted to kill them saying opportunity had come their way, on this Amrit Lal hurled a bomb at the back of the father of the complainant. The noise caused by explosion of the bomb attracted many persons and they came shouting. The complainant and other persons with him tried to catch the assailants but they started firing with their country made pistols and hurled bomb at the persons chasing them as such the chase did not last and the assailants made good their escape by crossing the Nala towards north. It was also stated that the complainant had come with his father, who was in a serious injured condition for lodging of the FIR and taking action in accordance with law.
(3.) ON the basis of the written report check report was prepared and entry in G.D. was made at sl. no.96 on 16.12.95 at 17.15 hrs registering crime case no. 331 of 1995 against the accused aforesaid under Sections 147, 148, 149 and 307 IPC at P.S. Lalganj, District Mirzapur. The investigation of the case was handed over to S.O. Sri G.P. Yadav. The Investigating Officer on 16.12.95 along with witnesses Bans Bahadur Singh son of Vijay Bahadur Singh resident of village Purwa, P.S.Lalganj and Rama Kant Upadhaya son of Brahma Prasad Upadhaya prepared two recovery memos i.e. one of blood stained and plain earth and other of empty cartridges recovered from the place of occurrence.;