Surendra Vikram Singh Rathore, J. - (1.) Mr. Raza Zaheer, learned counsel for the appellants, and Mrs. Madhulika Yadav, learned AGA for the State, were heard at length.
(2.) Criminal Appeal No. 85 of 2013 has been preferred by appellants Manoj Tewari, Guddu Gaur @ Hari Krishna and Rajan Gaur, and Criminal Appeal No. 164 of 2013 has been preferred by appellant Krishna Kumar @ Kakku Pandey. Both these appeals arise out of a common judgment dated 14.12.2012 passed by Special Judge -Gangster/Additional Sessions Judge, Ambedkar Nagar, in Gangster Case No. 130 of 2012 arising out of Case Crime No. 140 of 2004 under Ss. 147/149, 148/149, 302/149, 504, 506, 120 B IPC, Police Station Kotwali Akbarpur, District Ambedkar Nagar, and Gangster Case No. 426 of 2012 arising out of Case Crime No. 148 of 2004 under Sec. 3/25 of the Arms Act, Police Station Kotwali Akbarpur, District Ambedkar Nagar Lucknow, whereby present appellants were convicted and sentenced as under: - - "(a) Under Sec. 148 IPC - One year's rigorous imprisonment; (b) Under Sec. 302/149 IPC - Imprisonment for life and fine of Rs. 10,000/ - each with default stipulation of three months' additional imprisonment, and (c) Under Sec. 147 IPC - No separate sentence was passed." All the sentences were directed to run concurrently. Appellants Krishna Kumar Pandey @ Kakku Pandey, Manoj Tewari, Guddu @ Hari Krishna Gaur and Rajan Gaur were acquitted of the charges under Ss. 504, 506 and 120B IPC. Accused Vipin Kumar Misra was acquitted of all the charges levelled against him. However, accused Guddu Gaur @ Hari Krishna Gaur was acquitted of the charges under Ss. 3/25 of the Arms Act.
(3.) In brief, the case of the prosecution was that the complainant Sanjeev Kumar Singh lodged a first information report at the police station Kotwali Akbarpur on 23.07.2004 at 01.35 PM alleging therein that on that day at about 12.35 PM he along with his brother Anand Singh @ Kere Singh was standing in front of main gate of telephone exchange and were talking with each other. Ram Sen Singh son of Jang Bahadur Singh and Satyawan Singh son of Pradeep Singh were also present there. All of a sudden, from the north side one motorcycle and a Bolero Jeep came and stopped near them and Krishna Kumar @ Kakku Pandey son of Jagmohan Pandey, Guddu Gaur and Rajan Gaur sons of Dayaram Gaur, Manoj Tewari resident of Keedganj, Allahabad and two other unknown persons who are associates of Kakku Pandey challenged the deceased to kill him and with the revolver, pistol and country made pistols which the accused persons were having in their hands started firing on the deceased Anand Singh @ Kere Singh. Because of these fire shots, his brother Anand Singh @ Kere Singh fell down. Even thereafter he was fired at by the accused persons due to which he became unconscious and accused persons ran away from there extending threats of dire consequences on their vehicles. The incident was witnessed by several persons. It was also mentioned in the first information report that because of this incident the public was terrified. All the persons started running from there. Shopkeepers closed their shops and ran away and an atmosphere of terror was created and the market became dead calm. The complainant with the help of 2 -4 other persons, after gathering courage, took his brother on a Jeep which was parked near the place of occurrence to the Government Hospital where his brother was declared dead. It was also mentioned that both unknown accused persons can be recognized by him. It was also alleged that the conspiracy to commit this offence was hatched by Pawan Kumar Pandey, Ex - MLA, and Vipin Kumar Misra and in prosecution of the said conspiracy with his brother Krishna Kumar Pandey @ Kakku Pandey this offence has been committed. There was old enmity of the deceased with Pawan Kumar Pandey and Krishna Kumar Pandey.;