LAXMAN Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 10.1983 passed by 3rd Addl. Sessions Judge, Etawah in Sessions Trial No.152 of 1983, convicting the appellants under Section 302 read with Section 149 I.P.C. and sentenced him to undergo life imprisonment and further to undergo R.I. for one year under Section 148 I.P.C. All the sentences were ordered to run concurrently.

(2.) We have heard Sri Pradeep Kumar Mishra who was appointed as Amicus curaie to assist the court vide order dated 202017.

(3.) Prosecution story, in brief, is that complainant Gulzari, father of the deceased Nathu Ram, lodged a written report in police station alleging that in the night of 25/26 October, 1982 at about 1.30 a.m. when complainant and his son were sleeping on the plinth (chabutara), six assailants in which Shiv Nath @ Captain (now dead) and accused Laxman armed with guns along with four unknown accused persons armed with country made pistol, lathi, axe and kanta came to the house of the complainant. Shiv Nath @ Captain and accused Laxman were well known to each other. Assailants called Nathu Ram on which complainant woke up and at that time a lantern was also alight. Further allegation is that seeing the assailants complainant raised alarm and his son Nathu Ram tried to escape from the spot towards west side. All the accused persons surrounded his son Nathu Ram and Shiv Nath @ Captain opened fire with his gun at Nathu Ram and thereafter all the assailants after lightening their torches fled away from the spot. Further allegation is that on the alarm being made by the complainant wife of deceased Smt. Pooti and witnesses Radha Kishun, Ram Sewak, Ram Avtar, Jai Narain also reached on the spot with their torches. In the light of the lantern and torches the accused persons were recognized and two named accused persons Shiv Nath and Laxman were identified by the complainant, the wife of the deceased, and the witnesses. The motive behind the incident as alleged in the FIR is that deceased Nathu Ram was against the miscreants and used to inform the police and on account of this the accused appellants had committed the murder of his son. It was further alleged that when injured Nathu Ram was being taken to police station he died on the way and written report Ext.Ka-1 was handed over at the police station, on the basis of which chik FIR Ext.Ka-2 was prepared and necessary entry was made in the G.D., a copy of which Ext.Ka-3 is on record. Thereafter the dead body of the deceased was sent for post mortem. Post mortem was conducted by Dr. M. Ali, Medical Officer. The post mortem report is Ext.Ka-4. Further it transpires from the record that Y.P. Sharma, Investigating Officer, visited the spot and prepared the site plan Ext.Ka-15, fard regarding plain and blood stained earth Ext.Ka-5, fard regarding pellets Ext.Ka-6, fard regarding lantern and paijama Ext.Ka-7, fard regarding torches Ex.Ka-8, fard regarding razai (Quilt) Ext.Ka-9. Investigating Officer also prepared panchayatnama (inquest report) Ext.Ka-10 and the other relevant papers Ext.Ka-11 to 14 and after completing the investigation the Investigating Officer has submitted charge sheet Ext.Ka-17 against accused Laxman and Shiv Nath @ Captain as absconder.