ARVIND KUMAR MISHRA,J. - (1.) We have heard at length Sri S.V. Singh, learned counsel for the appellant Janaki Prasad, Sri Dilip Kumar, Sri Rajarshi Gupta, learned counsels for the appellants Shivnath and Lallu Yadav, Sri Vinod Kumar Singh, learned counsel for appellant Harnath, and Km. Meena and Sri A.N. Mulla, learned AGAs appearing for the State and perused the record.
(2.) The instant criminal appeal has been preferred against the judgment and order of conviction dated 16.01.2006 passed by the Special Judge (SC/ST Act), Kannauj in Special Session Trial No. 345 of 2000 (State Vs. Janaki Prasad and others), under Section 302 IPC and under Section 3(2) (V) SC/ST Act arising out of Case Crime No. 13 of 2000, Police Station Thathiya, District Kannauj. By the impugned order of the trial court, appellant Janaki Prasad has been convicted under Section 302 IPC and sentenced to life imprisonment with fine of Rs. 10,000/ -, in case of default, he will have to suffer additional imprisonment (simple imprisonment) for six months. Appellant Harnath, Shivnath and Lallu Yadav have been convicted and sentenced to life imprisonment under Section 302 read with Section 34 IPC with a fine of Rs.5,000/ - each and in case of default the concerned convict will have to suffer additional four months' simple imprisonment. Further, they have been convicted and sentenced to life imprisonment with a fine of Rs.5,000/ - each under Section 3(2) (V) of ST/SC Act and in case of default the concerned convict will have to suffer additional simple imprisonment for four months.
(3.) Gravamen of the charge has its genesis in the first information report (Exhibit Ka -1) which was lodged at Police Station Thathiya, District Kannauj on 22.01.2000 at 10.05 p.m. by Smt. Gendawati wife of late Ram Sahai Jatav resident of Harauli, P.S. Thathiya, District Kannauj against the aforesaid appellants under Section 302 IPC and 3(2) (V) SC/ST Act with averments that the complainant was sleeping in her house on 22.01.2000 along with her son Mahadev and grand daughter Rajbeti after taking night meal. It was around 8.15 p.m. when they heard some noise and came out of the house where they saw the aforesaid appellants, in front of them, possessing country made pistol. The appellant Janaki Prasad said to complainant's son 'you have lodged report against me, therefore, we will not spare you'. At this, complainant's son ran away from his house, he was chased by the appellants. As soon as the complainant's son (Mahadev) reached in front of house of Jairam, appellant Janaki Prasad fired on him with his country made pistol which fire hit him on his chest, due to which his son fell down and expired.;