RITU RAJ AWASTHI, J. - (1.) PRESENT appeal has been preferred by the appellant against the judgment and order dated 6.5.2001 of the court below rendered in Sessions trial No 1382 of 2009 whereby the appellant has been convicted under section 120 B IPC and awarded sentences as enumerated in the judgment of the court below.
(2.) THE appellant has been arraigned as accused in the incident which had taken place in the intervening night of 23/24.12.2008 at Gail Bihar Colony Oraiyya in which a high official of the PWD was brutally murdered at his official residence allegedly in the presence of his wife by the assailants who were said to be affiliated to a political party which was then ruling the State. The incumbent who held the office of Executive Engineer PWD was said to be strict adherents of the rules and had refused to be amenable to gratuitous demands of the ruling rowdies.
(3.) THE appellant who was at the relevant time posted as Station officer of Police Station Dibiyapur Oraiyy, has been transposed and arraigned as accused in the incident which had taken place in the intervening night of 23/24.12.2008 at Gail Bihar Colony Oraiyya in which a high ranking official of the U.P.PWD was brutally murdered at his official residence allegedly in the presence of his wife by the assailants who were said to be affiliated to a party which was then ruling the State. The incumbent who held the office of the Executive Engineer PWD was said to be strict adherents of the rules and had refused to be amenable to gratuitous demands of the ruling rowdies. The First Information Report in the instant case was shown to be lodged by one Munna Singh on the dictation of the complainant - Smt Shashi Gupta, wife of deceased Manoj Kumar Gupta on 24.12.2008 at 6.20 am at police station Diviyapur. The incident involving murder of deceased Er. Manoj Kumar Gupta is said to have occurred in the chilly night on 24.12.2008 between 1.30 am to 2.00 am at the official residence of the deceased at House No C -7/2 situated in Gail Bihar colony Auraiyya, a colony hedged with high security.;