SUNIL @ GUDDU Vs. STATE OF U P

JUDGEMENT

(1.) Mr. Ram Prakash Shukla, learned Amicus Curiae for the appellant, and Ms. Ruhi Siddiqui, learned AGA for the State, were heard.

(2.) Under challenge in the instant criminal appeal is the judgment and order dated 15.11.2006 passed by Additional Sessions Judge, Court No.4, Lucknow, in Sessions Trial No.105 of 2003 arising out of Case Crime No.250 of 2002, Police Station Mahanagar, District Lucknow, whereby the present appellant Sunil alias Guddu was convicted under Section 302 IPC and was sentenced with imprisonment for life and also with fine of Rs.10,000/- with default stipulation of six months' additional simple imprisonment. By the same judgment, other accused persons namely Babu Lal and Anil were acquitted of the charge under Section 302 IPC read with Section 34 IPC and appellant Sunil alias Guddu, who was simultaneously tried in Sessions Trial No.106 of 2003, was acquitted of the charge under Section 4/25 of the Arms Act.

(3.) In brief, the case of the prosecution was that the complainant Pradeep Kumar lodged a first information report at Police Station Mahanagar on 01.08.2002 at 08.05 PM alleging therein that on that day at about 08.45 AM his brother Sudhir alias Setty had gone to take tap water. In the meantime, appellant Sunil alias Guddu also reached there to fill his bucket. He removed the bucket of his cousin Sudhir. On this altercation started between appellant and Sudhir alias Setty. In the meantime, acquitted accused persons namely Babu Lal and Anil also reached there and all three started beating Sudhir alias Setty. When father of the complainant rushed to save his son Sudhir alias Setty then the accused persons exhorted to kill Nandu (father of Sudhir alias Setty and complainant) and on the exhortation, co-accused persons Babu Lal and Anil caught hold of Nandu and appellant Sunil alias Guddu took out a knife and gave a blow of knife on his abdomen. The mother of the complainant Munni Devi, brother Monu, sister Sudha and complainant himself tried to save his father but the accused persons challenged that in case any one comes close to them then he shall also face the same consequence and thereafter all the accused persons ran away from there. The family members of the injured Nandu took him in injured condition to Civil Hospital and thereafter he was admitted in the Medical College, Lucknow. As per record, he died in the Medical College, Lucknow on 02.08.2002 at 04.45 AM.