- (1.) Heard Sri G.S. Chaturvedi, learned Senior Advocate for the appellants and Sri Akhilesh Singh, learned GA with Sri Rajeev Gupta, learned AGA for the State and perused the record of the case.
(2.) This criminal appeal arises out of a judgment and order dated 16.6.2014 passed by Additional Sessions Judge, Court No. 4, Kushinagar, Padrauna in S.T. No. 90 of 2001 by which he has convicted and sentenced all the appellants to hang till death under Section 302/34 I.P.C. and fine of Rs. 30,000/- each, in default of which, two years further simple Imprisonment and seven years rigorous imprisonment under Section 201 IPC and fine of Rs. 20,000/-, in default of which, one year further simple imprisonment.
(3.) The prosecution story, in brief, is that a First Information Report was lodged by Ramesh, the brother of the deceased, in his capacity as first informant on 22.5.2000 at about 5.00 PM with regard to an incident which took place on 22.5.2000. As per the FIR, the time of incident is 2.00 PM, which is said to have taken place at village Mugrahi Paikoli which is at the distance of 6 Km. from the police station. The prosecution version as it unfolds in the FIR itself is to the effect that about 18 years ago, the sister of Surendra Dubey, namely, Indu had run away with the brother of the first informant, namely, Ramjeet Kauri (the deceased) and out of the said liaison, one son Shailesh and a daughter Km. Savita were born. It has been stated that Indu again ran away from Bombay with one Madrasi leaving behind two children. Ramjeet Kauri was living in Bombay with his two children and was looking after them at Bombay. Ramjeet Kauri returned to his village along with his two children on 14.5.2000 and on the said date when the first informant along with his brother (first informant) and two children were going to their fields and as they reached the canal, at about 2.00 PM they were accosted by Surendra Dubey, Virendra Dubey and Guddu Dubey all sons of late Dharm Raj Dubey, who caught hold of Ramjeet Kauri and took him towards the canal at which the first informant shouted and at that moment Virendra Dubey had fired at Ramjeet Kauri (deceased) by his "Katta" (country made pistol) by point black range as a result of which the brother of the first informant fell down on the ground and died. Thereafter the accused had chased the first informant and the two children at which all three of them ran away. It has also been mentioned in the FIR that number of villagers arrived at the spot on whose arrival the accused-appellants stopped chasing the first informant and the children and turned back saying that CHALO SAALE KI LAASH GAYAB KAR DE. It has also been mentioned in the FIR that out of fear, the first informant and children remain in hiding and only after some time they returned to the spot and found that the body was missing.;