- (1.) All these appeals arise out of a common judgment and order dated 18.08.2015 passed by the learned Additional Sessions Judge/Fast Track, Bhadoi-Gyanpur in Session Trial No.106 of 2008 (State Vs. Binnu Srivastava @ Pawan Srivastava and 7 others), under Sections 147, 302, 149 of I.P.C., and S.T. No. 07/09, under Section 25 Arms Act, both P.S. Gyanpur, District Bhadohi, whereby accused-appellants Binnu Srivastava @ Pawan Srivastava, Pawan Srivastava @ prakash, Raj Nath Yadav, Atul Kumar Yadav @ Bhunwar, Santosh Kumar Yadav @ Kariya, Sandeep Rawat @ Rinku, Rahul Rawat and Prashant Yadav have been convicted under Section 147 and 302/149 of I.P.C. and were sentenced to imprisonment for life along with fine of Rs. 25,000/- each under Section 302/149 of I.P.C. and two years rigorous imprisonment along with fine of Rs. 2000/- under Section 147 of I.P.C. Accused-appellant Santosh Kumar Yadav @ Kariya was further convicted under Section 25 of Arms Act and was sentenced to 5 years rigorous imprisonment along with fine of Rs. 5000/-. In default of payment of fine, accused-appellants were sentenced to different period of imprisonment.
(2.) Prosecution version is that on 20.06.2008 at around 12.00 noon, deceased Raj Kumar, who was brother of complainant Manoj Kumar Yadav, has left his home for going to Gyanpur by motorcycle and when he reached near veterinary hospital, accused-appellants Binnu Srivastava @ Pawan Srivastava, Pawan Srivastava @ Prakash, Raj Nath Yadav, Atul Kumar Yadav @ Bhunwar, Santosh Kumar Yadav @ Kariya and Sandeep Rawat @ Rinku, riding on two motorcycles, stopped deceased Raj Kumar. Accused-appellants Rahul Rawat and Prashant Yadav were already present there. All these accused persons made exhortation to kill Raj Kumar and consequently accused-appellant Santosh Kumar Yadav @ Kariya shot a bullet at the head of deceased Raj Kumar from country made pistol. Resultantly, Raj Kumar died on spot. This incident was witnessed by complainant (PW-1) Manoj Kumar Yadav, (PW-2) Bhola and by several other persons.
(3.) (PW-1) Manoj Kumar Yadav reported the matter to police by submitting a written complaint Ex.Ka-1 and on that basis, case was registered against all the 8 accused-appellants on 20.06.2008 at 12.30 P.M. under Sections 147, 149, 302 of I.PC. vide Ex.Ka-4.;