RAJ KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri P.K. Singh, learned counsel appearing on behalf of appellant, Sri Jai Narayan, learned A.G.A. for the State and perused the lower court record.

(2.) This criminal appeal has been preferred against the judgment and order dated 11.2.2014 passed by Additional Session Judge, Court No. 8, Bulandshahar in S.T. No. 249 of 2011 (State vs. Raj Kumar and 3 others) pertaining to Case Crime No. 92/520 of 2010, P.S. Kotwali Dehat, District Bulandshahar under section 302 IPC connected S.T. No.250 of 2011 (State vs. Raj Kumar) pertaining to Case Crime No.697 of 2010, under section 25 Arms Act P.S. Kotwali Dehat, District Bulandshahar whereby the appellant Raj Kumar has been held guilty under section 302 IPC and has been awarded punishment of life rigorous imprisonment, fine of Rs.50,000/- and in default of payment of fine, he has been directed to further undergo three years additional imprisonment. Simultaneously, he has also been held guilty under section 25 of Arms Act and has been awarded punishment of three years rigorous imprisonment, fine of Rs.5,000/- and in default of payment of fine, six months additional imprisonment. Rest accused persons have been acquitted.

(3.) The facts of the case are that in the intervening night of 17/18.8.2010 at about 2.00 A.M., the first informant Salah Uddin (PW1) was sleeping in the house of his brother Iqram, right then the informant heard some sound because of which he had woken up and saw that four persons were standing by the side of the cot on which Iqram was sleeping and he switched on the torch and asked who were they, then Raj Kumar son of Kanhaiya (Appellant), Satendra @ Pappu son of Amar Singh, Kaluwa son of Rishipal, Gopal son of Sukhvir (other co-accused) all the residents of village Bhataula, P.S. Sikandra, District Bulandshahar were standing there. Right then Satendra @ Pappu exhorted to kill him and on exhortation forthwith Raj Kumar (Appellant) made a fire upon the Iqram (deceased). After hearing the sound of fire, wife of Iqram Shamsina identified all the accused and other persons of the village had also seen the accused fleeing from there and while they were fleeing they stated that if any of them gives evidence, he would have to face the same consequences. The brother of the first informant Iqram died on the spot. A written report (Exhibit Ka-1) in this regard was submitted by the first informant on 18.8.2010 at P.S. Kotwali Dehat and on the basis of the written report, constable 711 Ramesh Chandra, PW-4 registered Case Crime No.92/520 of 2010 on 18.8.2010 at 8.30 p.m. against Raj Kumar (Appellant) Satendra @ Pappu, Kaluwa and Gopal under section 302 IPC and prepared chick FIR (Exhibit Ka-7) and made entry of this case in G.D. (Exhibit Ka-8) at report no. 8 time 8.00 A.M.