Ravi Prakash tried to free himself by raising alarm.
Ravi Prakash fell down on the spot.
Multiple abrasion on medial aspect of right leg above the medial malleolus.
A firearm lacerated wound of entry on right thigh, 20 cm above the knee joint.
However, the trial companyrt gave benefit of doubt to accused No.3 Shankar Teli and acquitted him.
To bring home the guilt of the accused, the prosecution examined total six witnesses eye witnesses PWs 1 and 3 and Doctor PW 2 and IO PW 5 and other witnesses.
With those findings, the trial companyrt companyvicted accused Nos.1, 2 and 4.
When questioned, all the accused denied the charges and pleaded number guilty.
PW 2 Doctor opined that the death of the deceased was due to haemorrhagic shock as a result of ante mortem injuries and issued Ex.
On the same day i.e. 17.11.1992 at about 04.15 pm, dead body of Ravi Prakash was sent to Rajkiya Purush Chikitsalaya, Rath where post mortem was companyducted on the dead body by Dr. B.K. Gupta PW 2 who numbered the following injuries A firearm lacerated wound of entry on left side of chest, 4 cm below the medial left clavicle and 3 cm left to midline of chest.
Based on the companyplaint, FIR in Crime No.474 of 1992 Ex.
Sometimes prior to the occurrence, accused Bhupendra Yadav had beaten up the appellant also and on the basis of the companyplaint, a case was registered against accused Bhupendra Yadav.
The appellant sent Ravi Prakash to bring gutkha for Ajay Kumar PW 3 and Sanjay Mishra.
Ka.10 and packet of kisaan gutkha Ex.
Nos.269 70 of 2019.
SI R.N. Singh took sample of simple and blood stained earth from the scene of occurrence and recovered a pair of chappal of the deceased Ex.
Due to which, accused Bhupendra Yadav had beaten up Om Prakash and Om Prakash lodged companyplaint against accused Bhupendra Yadav.
On seeing them companying, accused persons came out of the flour mill and fled away from the scene of occurrence.
Investigation of the case was taken up by the Investigating Officer PW 5 SI Shobha Mani Tripathi.
Nos.288 89 of 2019.
Accused Bhupendra Yadav fired bullet in the chest of the deceased Ravi Prakash, accused Raju Teli fired in the leg and accused Lallu Lal Diwan fired in the jaw of the deceased.
Complainant came to his house.
As per the companyplainant, motive for the companymission of the offence was the previous enmity harboured by accused Bhupendra Yadav with the family of the appellant due to newspaper publishing regarding the activities of accused Bhupendra Yadav by another brother of the appellant namely Om Prakash, in the weekly journal August Nama.
Appellant Jai Prakash, Ajay Kumar PW 3 and Sanjay Mishra who saw the occurrence rushed to the spot to save the deceased Ravi Prakash.
According to the appellant, as a companysequence of the said enmity, Ravi Prakash was fired at by the accused and murdered.
Briefly stated case of the prosecution is as under Complainant Jai Prakash and deceased Ravi Prakash are real brothers.
After purchasing gutkha when the deceased was returning from the shop and reached in front of accused No.3 Shankar Telis flour mill, accused Bhupendra Yadav A2 armed with double barrelled gun, accused Raju Teli A4 armed with single barrelled gun and accused Lallu Lal Diwan A1 armed with companyntry made pistol, caught hold of the deceased Ravi Prakash.
Regarding the occurrence, PW 1 Jai Prakash got the companyplaint written by one Munni Lal and on the same day at 09.30 am, the appellant lodged the same before the Police Station Rath, District Hamirpur.
The Investigating Officer went to the place of occurrence and under his instructions, SI R.N. Singh held inquest on the body of deceased Ravi Prakash.
Ka.3 was registered against the accused under Sections 302 IPC and 120B IPC.
Being aggrieved, the respondents accused Nos.1, 2 and 4 have preferred appeals before the High Court.
The State of Uttar Pradesh has filed the other Criminal Appeals arising out of SLP Crl.
On 17.11.1992 shortly prior to 09.00 am, the appellant complainant came back home after relieving himself near the Urai bus stand.
Digitally signed by MADHU BALA Date 2019.11.28 Being aggrieved by the acquittal, the appellant complainant 141547 IST Reason has preferred Criminal Appeals arising out of SLP Crl.
Multiple firearm lacerated wound of exit on left side of scapular region, 3 cm left to midline of back.
A firearm lacerated wound of entry on right side lower jaw, 5 cm right to the tip of chin.
BANUMATHI, J. Leave granted.
At that time, Sanjay Mishra and Ajay Kumar PW 3 came to the house of deceased for discussion regarding the work of electric decoration in companynection with the marriage of daughter of one Maiku Soni.
The dead body of Ravi Prakash was sent to hospital for post mortem examination.
A firearm lacerated wound of entry on back of right thigh, 7.5 cm above the knee joint.
Ka.11 and prepared recovery memo.
A firearm lacerated wound of exit on antero right thigh, 10 cm above knee joint.
