- (1.) M. C. Jain, J. Three persons, namely, Kamal Narain, Sharad Kumar alias Bhaiyan and Virendra Kumar alias Vimal Kumar were tried before the Sessions Judge, Lalitpur in Sessions Trial No. 21 of 1980. Out of them, Kamal Narain came to be convicted under Sections 302 and 201 IPC with a sentence of life imprisonment for the former offence and three years' rigorous imprisonment for the latter. Both the sentences were ordered to run concurrently. The remaining two accused were acquitted for want of evidence.
(2.) IT was one Brij Behari who was murdered in this incident which took place on 16-10-1978 at about 8 p. m. in Mohalla Chhatrashalpura, P. S. Kotwali, District Lalitpur. The report was made by Radhika Prasad Dixit PW 5 at 9. 30 a. m. on 7-10-1978. The prosecution case as surfacing during the trial was as follows: A few years before the incident, Ram Sahai Tiwari father of the accused Virendra Kumar alias Vimal Kumar and uncle of the other two accused had got fixed the deceased Brij Behari in a teacher's job in local Nagar Palika Primary School through his efforts. Thereafter, Brij Behari and his family members residing in the local mohalla Katra Bazar started frequently visiting the house of Ram Sahai Tiwari in Mohalla Chhatrashalpura wherein his son Virendra Kumar alias Vimal Kumar and nephews Sharad Kumar alias Bhaiyan and Kamal Narain also resided. Rumours floated that Brij Behari deceased had developed illicit connections with Km. Sushma, a sister of the accused Kamal Narain, residing with him in the said house of Ram Sahai. On 16- 10-1978, the accused Kamal Narain visited the house of Brij Behari deceased at about 7. 30 p. m. and asked him to accompany him to his house to have Kheer on the eve of Sharad Purnmasi falling that day. Brij Behari accompanied the accused Kamal Narain from his house inspite of the objection of his wife. When Brij Behari reached the house of Ram Sahai Tiwari with Kamal Narain, the latter with the help of the other two accused shot him dead in the Angan of the house. In order to conceal the crime, Brij Behari was removed from the place of incident to District Hospital in a two seater auto rickshaw. A written report in connection with the incident was purported to have been prepared at 8. 20 p. m. on 16-10-1978 and allegedly given at the local Police Station Kotwali at 10. 45 p. m. by Ashok Kumar Tiwari, a brother of the accused Virendra Kumar alias Vimal Kumar. He stated that his younger brother had informed him that when Brij Behari deceased was putting goods/articles in his house, a gun fell down causing a shot which hit him (Brij Behari ). He (Ashok Kumar Tiwari) had then visited his house to take Brij Behari to the hospital where he was admitted for his treatment. A memo dispatched by Dr. Agarwal from the hospital was also received at the local Police Station Kotwali to inform the police that Brij Behari had been brought dead at the hospital at 8. 15 p. m. on that day (16-10-1978 ). S. I. Abdul Rehman PW 13 rushed to the District Hospital and found the dead-body of the deceased there. He immediately went to the house of the accused straight from the hospital. On reaching there, he took in possession the licensed gun/rifle belonging to the accused Virendra Kumar alias Vimal Kumar with an empty cartridge still in its chamber. He also found some traces of blood mopped/washed from the Angan and a room of the house as well as blood stains on the walls adjoining the Angan. He took some blood in his possession after scratching it from different places to seal the same in a container.
(3.) RADHIKA Prasad Dixit PW 5, a brother of the deceased Brij Behari received an anonymous telephone at his residential house in Talbehat at about 11. 30 p. m. on 16-10-1978 asking him to immediately reach Lalitpur. He reached Lalitpur at 1 O'clock in the night to be informed by the wife of Brij Behari about her husband (brother of this witness) having been shot dead inside the house of Ram Sahai Tiwari. RADHIKA Prasad Dixit also prepared a report in connection with this murder and lodged the same at Police Station Kotwali on 17-10-1978 at 9. 30 a. m. After inquest proceedings with regard to the dead-body of the deceased in the morning of 17-10- 1978 at the District Hospital, it was sent for post-mortem which was conducted on 17-10-1978 at 4. 30 p. m. by Dr. Har Narain Awasthi PW 2. The deceased was aged about 30 years. The following ante- mortem injuries were found on his person: (1) Wound of entrance (gunshot) lacerated rounded wound of entry 0. 5 cm on left upper part of arm in middle outer aspect about 10 cm below from left shoulder joint. Blackening, scorching and tattooing present, through and through communicating to wound of exist in upper arm described below. (2) Wound of exist (gunshot) communicating with injury No. 1. There is lacerated averted wound in upper part of arm of its inner side, 3 cm below from left arm pit, it is about 2 cm x 1. 75. Clotted blood present. (3) Lacerated wound of second entrance corresponding to injury No. 2 in chest wall left side in mid axillary line 3 cm below from left arm pit, lacerated wound of inverted margin of about 2. 3 cm x deep chest medially downward direction. No tattooing or scorching or blackening seen.;