R.N.MISRA, J. - (1.) THIS appeal has been preferred by the appellant Anirudh Singh against the judgment and order dated 8.2.2006, passed by Shri Sushil Kumar, the then Addl. Sessions Judge (F.I.C. Court No. 2), Kushinagar in Sessions Trial No. 227 of 2003, by which the appellant was convicted for the offence, punishable under Section 302 of the Indian Penal Code and sentenced for life imprisonment and fine of Rs. 1,00,000.00 only.
(2.) THE facts giving rise to this appeal are as under: That the complainant -informant Shkhdeo Paswan and the accused -apellant Anirudh singh are resident of village Khagi Mundera, police station Hata, district Kushinagar. There was old enmity between the parties. On 22.4.2002, the complainant -informant along with his brother Jai Kishun alias Jai Krishna, nephew Shaym Badan and village people Santraj and Indal went to village Lihni, where the harvesting of the wheat crop was going on by the combined machine. It was about 5:00 PM, the accused Anirudh Singh came there along with his brother Kamlesh and father Radha Krishna. All of them had country made pistols. Anirudh Singh opened fire from pistol, which hit the neck of Jai Kishun alias Jai Krishna. Kamlesh also made fire from his country made pistol. Radha Krishna made fire in air to terrorise the persons assembled there. Jai Kishun alias Jai Krishna died on the spot. The accused persons ran away from there. The complainant and his companion chased the accused persons but Radha Krishna made fire in air, therefore, due to fear, they could not catch them. Sukhdeo Paswan lodged FIR Ext. Ka -1 at police station Hata on the same day at about 7:05 PM. The Chik is Ext. Ka -9. Since Lehani was under police station Ahirauli, district Kushinagar therefore, Hata police did not mark any crime number on the FIR and transferred the matter to Ahirauli police. In the meantime, Sub Inspector Ram Bahadur Shukla of police station Hata went on spot. He found the dead body there. He prepared the inquest report Ext. Ka -5. Photo copy of the dead body Ext. Ka -6, Challan Ext. Ka -7, letter to CMO Ext. Ka -8 and letter to police station Ahirauli, Kushinagar Ext. Ka -10. He sealed the dead body, the sample of which is Ext.Ka -9. The dead body was sent by him for post -mortem examination through constable, Shailesh Kumar Singh (PW -8) and Imtiyaz. Dr. Rakesh Dubey (PW -6) conducted the post -mortem examination of the deceased, the report of which is Ext. Ka -14. When the FIR was transferred to police station Ahirauli, the case was registered at crime No. 126 of 2002 there, as is evident from the copy of the G.D. Entry Ext -Ka -2 Deputy Superintendent of Police, Shivaji (PW -10) investigated the case. During investigation, he visited the place of occurrence, prepared site plan Ext. Ka -12, recorded the statement of witnesses, sent blood stained clothes, simple and blood stained mud and chappal of the deceased to the Scientific Laboratory for testing through constable Arjun Ram (PW -12) and after completing the investigation submitted charge -sheet Ext., Ka -11 against three accused persons namely Anirudh Singh, Kamlesh and Radha Krishna.
(3.) THE appellant along with two other accused persons were charged for the offences, punishable under Section 302 of the Indian Penal Code and Section 3(2)(5) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989. The accused -appellant denied the allegations levelled against him and alleged his false implication in this case.;