Kashi Nath Pandey, J. - (1.) THIS appeal has been preferred by Anand Singh alias Babu Singh, Vinod Kumar, Manoj Kumar Tiwari alias Lala and Shyam Behari Tiwari all residents of village Takkipur, P.S. Khakhredu, district Fatehpur against judgment and conviction order dated 1.3.2006, passed by Sri Dinesh Kumar Singh, Special Judge (E.C. Act)/Additional District Judge, Fatehpur. By the impugned order accused Shyam Behari Tiwari, Manoj Kumar Tiwari, Vinod Kumar and Anand Singh alias Babu Singh were found guilty under Section 302 read with Section 149, I.P.C. and sentenced to imprisonment for life and Rs. 5,000 fine, in default of payment of fine to undergo additional sentence of one month. They are found guilty under Section 147, I.P.C. and sentenced to rigorous imprisonment for one year. They are also found guilty under Section 148, I.P.C. and sentenced to one year and six months rigorous imprisonment. All the above four accused have been acquitted from the offence punishable under Section 504, I.P.C. and accused Gaya Prasad Tiwari has been acquitted from the offence punishable under Sections 147, 148 302/149 and 504, I.P.C.
(2.) ACCORDING to first information report lodged by Sri Krishan Chandra Pandey, father of the deceased, that on 12.7.2004 at about 6.30 a.m. in the morning he was present at his Chakki with his son, Dinesh. All of sudden accused Shyam Behari, Manoj Kumar, Vinod Kumar, Anand Singh, Ajay Singh with one unknown person surrounded their Chakki room and began to abuse them. The informant and his son went up on the roof of the room, but on the exhortation of Gaya Prasad, son of Bhagwan Deen from the roof of his house, rest of all the above accused opened fire from their fire arms causing fatal injury to his son Dinesh who fell down, then being helpless the informant came down from the roof and ran away. On above cry, co -villagers rushed to the spot, then all accused person ran away. They were threatening that if any one will adduce evidence, he will also face the same result. Before above incident on 27.2.2003, at the time of tilak ceremony of his son Mahesh Chandra at about 9.00 p.m. in the night Anand Singh, Shyam Behari and some others had opened fire, resulting in the death of his one relation, causing fatal injury to his son and sister. The same case was pending in the court. Firstly the accused person pressurized the informant to withdraw from the prosecution and thereafter committed above incident. On the basis of F.I.R. the case was registered at crime No. 51 of 2004 at 7.45 a.m. in the morning on the same day at the police station Khakharedu situated at 4 kilometre distance from the spot. After investigation charge -sheet was submitted against Shyam Behari, Manoj Kumar Tiwari, Vinod Kumar, Anand Singh alias Babu Singh, Ajay Singh and Gaya Prasad Tiwari under Sections 147, 148, 302/149 and 504, I.P.C. Ajay Singh was absconding. His case was separated. The case of rest of five accused has been committed to the Court of Session for their trial. Charges were framed against them. Accused person pleaded not guilty and claimed to be tried.
(3.) PROSECUTION has examined Krishan Chandra Pandey son of Sri Hardev Prasad Pandey as P.W. 1 who has proved Exhibit Ka -1, written report and has supported the F.I.R. version. P.W. 2 Pramod Kumar Tripathi is also a eye -witness who has corroborated the prosecution version supporting the statement of P.W. 1. P.W. 3 Dr. Rajesh Kumar Verma did autopsy of the dead body of deceased Dinesh Chandra Pandey. He has proved post -mortem report Exhibit Ka -2. P.W. 4 S.I. Radheyshyam Dwivedi has proved inquest report Exhibit Ka -3, Challan lash Exhibit Ka -4, photo lash Exhibit Ka -5, letter to C.M.O. and letter to R.I. for post -mortem Exhibit Ka -6 and Ka -7, P.W. 5 Jagmohan Singh and home guard Mahaveer Prasad were handed over the dead body in a sealed cover which was given by them to the doctor for post -mortem. P.W. 6 S.I. Rakesh Kumar Mishra has proved recovery memo, Exhibit Ka -8 simple and blood stained soil taken from the spot. He has also proved site plan Exhibit Ka -9 and charge -sheet Exhibit Ka -10. P.W. 7 Upendra Singh Yadav was entrusted with investigation on 12.7.2004 who recorded the statement of Uma Shanker Mishra G.D. Writer, Krishna Chandra Pandey informant, Heramani the mother of the deceased and Pramod Kumar Tripathi, the eye -witness of the incident. On the same day he was informed on telephone that the injured Dinesh Chandra Pandey succumbed to death before he could be taken to the hospital for his treatment. Thereafter the investigation was handed over to S.O. Rakesh Kumar Mishra. P.W. 8 Uma Shankar Mishra was constable clerk. He has proved chik F.I.R. Exhibit Ka -11 and carbon copy of G.D. Exhibit Ka -12. He amended General Diary by adding Section 302, I.P.C., it is Exhibit Ka -13. Exhibit Ka -14 is the report received from Joint Director, Forensic Science Laboratory, U.P. State, Lucknow, according to which the pellet which was sent for examination were similar to standard pellet. They might have been fired from 12 bore fire arm. Exhibit Ka -15 is report of Joint Director, Forensic Science Laboratory regarding presence of human blood on blood stained soil, cement plaster, pant, shirt, baniyan and blood stained pellets.;