- (1.) Heard Sri Rajiv Lochan Shukla assisted by Sri Chandra Jeet Yadav learned counsel for the appellant and Sri Saghir Ahmad, Sri J.K. Upadhyay, Sri Irfan Chaudhary and Sri Syed Hasan Shaukat Abidi learned AGA in opposition.
(2.) Appellant Nand Lal Yadav @ Nanda has preferred this appeal under Section 374(2) Cr.P.C. against the judgment and order dated 12.6.2012 passed by the Additional Sessions Judge Court no. 5, Azamgarh in S.T. No. 499 of 2006 (State vs. Nand Lal @ Nanda and three others), by which the appellant has been convicted under Section 302 read with Section 34 I.P.C. and sentenced to imprisonment for life and fine of Rs. 5000/- and in default of payment of fine two months additional imprisonment.
(3.) The facts of this case in brief are that the complainant Hira Lal Yadav, son of Shobhnath, resident of village-Siswa, Post-Bacchwal, P.S. Mehnagar, district-Azamgarh gave a written complainant (Ext.Ka-1) at police station-Mehnagar, district-Amazgarh on 02.10.2004 at about 6:30 p.m., stating therein that his father's elder brother, Laxman Yadav, son of Barkhandi Yadav, resident of village-Siswa was sitting in front of the house of one Adalat Nat, son of Jagga Nat on 02.10.2004 along with Shivpujan Yadav, son of late. Judawan Yadav and Kamlesh Yadav, son of Raghunath Yadav who are the residents of same village and making preparations for smoking tobacco. At about 5:45 p.m. accused Nand Lal Yadav @ Nanda Yadav armed with the licensed gun of his uncle Triveni Yadav, son of Sahbali Yadav, came to the place where Laxman Yadav was sitting, on a motorcycle along with his two companions and fired at him with the licensed single barrel gun as a result of which Laxman Yadav died on the spot. At the time of incident large number of villagers including Ram Narayan Yadav, son of Satiram Yadav and Sudarshan Yadav, son of late. Markandey Yadav etc. were present at the place of incident and had witnessed the same. After shooting his father's brother Laxman Yadav, the accused Nand Lal Yadav ran towards south while his companions went towards Singhpur on the motorcycle. The murder of Laxman Yadav was orchestrated by one Triveni Yadav who along with the appellant suspected that on the advise of the deceased Laxman Yadav his cousin brother Bechan Yadav had stopped the work of laying the pipe line under the Kharanja which was being constructed under the B.D.C. quota for discharge of water of hand pump installed near the house of Nand Lal into the 'Pokhari' as proposed by him. On account of the aforesaid dispute Triveni Yadav got Laxman Yadav killed in pursuance of a conspiracy hatched by him with his nephew Nand Lal Yadav and his companions.;