Narayan Shukla, J. - (1.) Heard Mr. Mangala Prasad Rai, learned Amicus Curiae for the appellant as well as Mr. Nagendra Bahadur Singh, learned Additional Government Advocate for the State.
(2.) The appellant has assailed the judgment and order dated 31.10.2003 passed by the learned District and Session Judge, Kanpur Dehat in Session Trial No. 500 of 1993, whereby he was convicted for commission of offence punishable under Section 147 of the Indian Penal Code and sentenced to one year rigorous imprisonment, under Section 302/149 of the Indian Penal Code and sentenced to imprisonment for life with a fine of Rs.5,00/-. All these sentences were directed to run concurrently.
(3.) Briefly the case as setup by the prosecution is that complainant Ram Babu Dwivedi son of Jagdish Prasad Dwivedi resident of Jhinai thana District Kanpur Dehat lodged a First Information Report at Police Station Rura Kanpur Dehat stating therein that one injured person is lying near to culvert of Sakhai Bagh, Nana Ki Than who was assaulted by six persons. Those six persons had washed their hands in the complainant hand-pipe and thereafter proceeded towards east. Having suspected that they had assaulted the injured person, Ram Babu Dwivedi (complainant) son of Jagdish Prasad, Vinod Tripathi son of Prayag Narayan, Dharmendra son of Hari Lal resident of village Jhinai Police Station Rura, Kallu son of Virendra Singh resident of Gadhi Rura Police Station Rura, Vinod Tiwari alias Munna son of Vijay Shankar resident of Karkarapur Police Station Rasulabad chased them with their scooter and cycles, when they reached the culvert of Sithmara at about 6:30 am, after seeing them the accused had been disconcerted, therefore, on the basis of suspicion they challenged them but succeeded to catch hold only two persons, whereas four persons had run away. Out of these two accused one has disclosed his name as Shyam Sundar Das Dhanuk son of Nathu resident of village Samay Prayag, Police Station Gurasahai Ganj District Farrukhabad and another had disclosed his name as Suresh son of Raghunandan resident of Nai Basti Police Station Kotwali, District Farrukhabad. They accepted their guilt and confessed that they had assaulted the injured person by giving blow of knife to him in the field of Shyam Sundar near to culvert of Sukhai Bagh Nana Ki Than. Then, they also disclosed that they had caused the said incident to get Rs.50,000/- for purchasing of tractor. Co-accused Pappu had run away with money, when complaint and their colleagues had brought them to the injured persons who was named as Santosh son of Chunnu Lal he indicated by his neck towards them to show that they and four others persons had assaulted him and immediately thereafter he died.;