RAM SURAT RAM, J. - (1.) Heard Sri Sunil Kumar, for the appellants, Sri Rajesh Kumar, Brief Holder, for State of U.P. and Sri L.B. Yadav, for the informant.
(2.) Panna Lal Gaur and Byas Gaur have filed aforementioned appeal from their conviction and sentence passed by Additional Session's Judge, Court No. 3, Mau, dated 22.11.2013, in S.T. No. 37 of 2010, State vs. Panna Lal and another , [arising out of Case Crime No. 1554 of 2009, under Section 302 , 504 of Indian Penal Code, 1860 (hereinafter referred to as the IPC), S.T. No. 35 of 2010, State vs. Byas Gaur , (arising out of Case Crime No. 1683 of 2009, under Section 4 / 25 Arms Act, 1959) and S.T. No. 36 of 2010, State vs. Panna Lal, (arising out of Case Crime No. 1745 of 2009, under Section 4 / 25 of Arms Act, 1959), Police Station Ghosi, district Mau, convicting them, under Section 302 read with Section 34 IPC and sentencing for imprisonment for life and fine of Rs. 20000/- each and under Section 4 / 25 Arms Act, 1959 and sentencing them for one year imprisonment and fine of Rs. 500/- each, with default stipulation.
(3.) On the written complaint (Ex-Ka-1) of Surya Bhan Yadav (PW-1), FIR (Ex-Ka-3) of Case Crime No. 1554 of 2009 was registered under Section 302 , 504 IPC, at P.S. Ghosi, district Mau on 11.10.2009 at 20:40 hours, by Constable Moharrir Ashok Kumar Tiwari (PW-4), against Panna Lal Gaur, Byas Gaur and one unnamed accused. It has been stated in the FIR that the informant Surya Bhan Yadav son of Bahal Yadav was permanent resident of village Jamuwari, P.S. Ghosi, district Mau. Suresh Yadav, the younger brother of the informant, was working in P.A.C. Today on 11.10.2009 at 7:00 PM, he had come to Jamuwari Mod (Chatti). The informant and his nephew Pradeep Yadav son of Uday Bhan had gone to receive him. Suresh, the brother of the informant, began to take eggs from the shop of Panna Gaur son of Jairaj, resident of Pandeypar, PS. Ghosi, district Mau, where Byas, the brother of Panna and one other person were also present. The informant began to take pan for eating from pan shop, situated by the side of it. Pradeep began to take spices. In the meantime, some dispute started between Panna Gaur and his brother Suresh, in respect of purchasing egg. Byas, while abusing, said that the people used to purchase egg and while giving money, they used to quarrel. Suresh, brother of the informant, forbade from abusing. Then other accused, who was with Byas, exhorted while abusing that he was quarreling, kill him. On which Byas and Panna Gaur started inflicting knife blow upon Suresh with an intention to kill him. On which, the informant, the peoples present on the pan shop and nephew of the informant Pradeep rushed towards them but Byas, Panna Gaur and third person, fled away from the spot, waving their knife. The incident was witnesses by the informant and other persons present there. Due to causing knife injury, a panic was created on the spot. The peoples began to fled away closing their shops. The informant and Pradeep with the help of other persons took injured Suresh to Mau, where the doctors declared him as dead. The dead body of the brother of the informant was lying at District Hospital Mau. After lodging the report, legal action be taken against guilty persons.;