BRIJ KISHOR Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant criminal appeal has been preferred on behalf of the appellant Brij Kishor, against the impugned judgment and order dated 28.07.2000 passed by VIth Additional District and Sessions Judge, Banda in Session Trial No. 41/98 ( State vs. Brij Kishor ) arising out of Case Crime No. 51 of 1997 under section 302 IPC, Police Station Kalinzer, District- Banda whereby the appellant has been convicted and sentenced to undergo life imprisonment for the offence punishable under section 302 IPC with the fine of Rs. 20,000/-. In default of payment of fine, the appellant was further directed to undergo additional rigorous imprisonment for three years.

(2.) The appellant is involved in double murder of fratricide and nepolicide i.e. killing of his brother and nephew.

(3.) The emanation of the facts emerging from the prosecution in a short conspectus is that the deceased Rajol is the father and the deceased Raj Kishore is the brother of the complainant Awadh Kishor P.W.1. The complainant lodged an FIR on 12.11.1997 at about 19:30 hours at the police station Kalinjer with respect to the incident taken place on the same day at about 5 to 5.30 p.m. vide Case Crime No. 51 of 1997 under section 302 IPC, Police Station Kalinzer, District- Banda with the accusations that the complainant Awadh Kishore s/o Rajolis the resident of village Barua, Police Station- Kalinjer . On the fateful day on 12.11.1997, the complainant, his younger brother, Lakhan and his father Rajol Prasad were looking after the tomato crops sown in the field at Gojawar Har. The father of the complainant was sitting adjacent to the demarcating line of the field. The complainant and his brother were doing work in the field. At about 05:00 p.m his uncle Brij Kishor equipped with an axe and lathi reached contiguous to the father of the complainant and jolted him. His father stumbled, then the accused appellant Brij Kishor assaulted him with axe and exposed that Rajol used to demand share in the land. The father of the complainant wriggled on account of blows inflicted on his neck with axe and succumbed to death . Subsequent thereto, his uncle (Brij Kishore) exposed that now he would liquidate to Raj Kishor and ran speedily towards Marwa Har where his brother (Raj Kishor) and mother (Laxmi w/o Rajol P.W.2) were sowing the seed of masoor in the field. When Brij Kishor (appellant) reached adjacent to Marwahar , on the shrill and alarm of the complainant and others, the brother of the complainant namely Raj Kishore ensued running leaving the plough in the field. His uncle Brij Kishor (appellant) chased him rapidly and attacked upon him with lathi and axe in the field of Bullarey as a sequel of which Raj Kishore succumbed to injuries. On the shriek and alarm of Bullarey, Brij Kishor (appellant) jostled him and succeeded in running away towards the village. The accused Brijkishore was nurturing animus and grudge against his father and brother on the issue of division of land as a consequence thereof, the accused appellant took drastic step of eliminating them . The corpse of both the deceased namely Rajol Prasad and Rajkishore were lying on the spot in the vigil of family members. The complainant in association with others went at the police station concern to lodge the first information report. On the basis of written complaint of the complainant, the first information report was lodged at the Police Station Kalinjer Ext.Ka.5. The case was duly registered and its entry was made in the G.D. By the head constable Dinesh Kumar P.W.5.