PANNEY Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 9.12.2004 passed by the Additional Sessions Judge/F.T.C.4 Deoria in S.T.No. 152 of 2004 whereby the appellants have been convicted under Section 302 I.P.C. and sentenced to death and a fine of Rs.5000/- each and in default of payment of fine further rigorous imprisonment for one year.

(2.) Briefly stated, the facts mentioned in the first information report lodged by Ram Awash Yadav are that about one month prior to the incident his son Shopedhari got registered a sale deed of the land from one Rudra Narain Shukla, who was pattidar of Harihar Shukla. The accused were annoyed due to the execution of the sale deed and they were inimical with them. On 7-11-2003 at about 7. p.m. Sheodhari had gone to the house of Shyam Kunwar of the village. On the exhortation of Harihar Shukla, Panney @ Pratap Narain Shukla hurled a bomb, which hit Sheodhari on his abdomen and he fell on the ground. Chhanney @) Prabhu Narain Shukla fired from a country made pistol on the abdomen of his son Sheodhari. One Vishwajeet s/o Raman had cut neck of Sheodhari with a Gandasi and he died on the spot. Hearing the sound Of explosion and firing, informant Ram Awadh Yadav, his sons Ramdhari and Tilakdhari and one Dalsingar of the village rushed to the spot flashing their torches and saw the accused persons running away from the spot. The occurrence was also witnessed by Shyam Kunwar son of Sobaran.

(3.) On the basis of the written report case crime No. 41/2003 under Section 302 I.P.C., at police Ekona, District Deoria was registered against the accused persons.