ANIL KUMAR SRIVASTAVA-II,J. - (1.) Instant appeals have arisen against the judgment and order dated 26.02.2010, passed by learned Additional Sessions Judge, Gonda in Session Trial No. 182/2008 and 68/2009, arising out of crime No. 118/08, police station Kodia, District Gonda. Accused were convicted as under:- JUDGEMENT_258_LAWS(ALL)12_2017.html All the sentences were directed to run concurrently. Out of the fine amount Rs. 100000/- was ordered to be paid to Smt. Sunita Devi, wife of Santosh Kumar, as compensation.
(2.) According to the prosecution version informant Smt. Sunita Devi is the wife of deceased Santosh Kumar Misra. It is stated that on 22.4.2008 deceased Santosh Kumar had gone to court at Gonda to do the 'pairavi' in the case of murder of his father. He came back in the evening and informed that cross-examination would be conducted on 24.4.2008. In the intervening night of 22/23.4.2008 at about 03:00 AM accused Nanku son of Sundar, Ram Chander alias Chander, Shiv Nath and Alakh Ram son of Jiledar entered into the house of complainant and started indiscriminate firing upon Santosh, who died at the spot. When informant raised an alarm, all the accused ran away after abusing and threatening her. Paras Nath Misra, Ram Janam and other villagers arrived. Written report was submitted at the police station on 23.4.2008 at 05:00 AM. A case at crime No. 118/2008, under section 302, 449, 504, 506 IPC and 7 Criminal Law Amendment Act was registered at police station Kodia, district Gonda. Station Officer of the police station S.I. A.N. Upadhyay himself undertook the investigation. Inquest proceedings began on 23.4.2008 at 06:00 AM and concluded at 09:00 AM. Dead body was sealed and sent for postmortem. Plain and blood stained earth, empty cartridges were recovered. Postmortem of the dead body of Santosh (deceased) was conducted on the same day on 23.4.2008 at 04:05 PM. On 24.4.2008 accused Alakh Ram was arrested by the police and country made pistol of 12 bore was recovered on his pointing out along with a cartridge. Investigating Officer prepared the site plan, recorded the statement of witnesses. Plain and blood stained earth and the recovered country-made pistol was sent to forensic science laboratory. After concluding the investigation charge-sheet was submitted against the accused Ram Chander alias Chander, Shiv Nath, Alakh Ram and Nanku.
(3.) Accused were charged under section 449, 302/34, 504, 506(2) IPC and 7 Criminal Law Amendment Act who denied the charges and claimed trial.;