On it Sachchey Lal Tiwari, accused fired with the pistol at deceased Vijai Misra and deceased Surender, as a result of which both sustained fire arm injuries and died instantaneously on the spot.
Achhaiber Misra PW 1 , Rama Kant Misra PW 2 were claimed to be eye witnesses.
On 3.11.1995 at about 6.45 A.M., the accused persons Sachchey Lal Tiwari and Bachchey Lal Tiwari sons of Mahajan Tiwari and Pintoo grand son of Mahajan Tiwari were dismantling the demarcating line Mend between the fields of the companyplainant Achhaiber Misra and the accused.
Appellant Sachchey Lal Tiwari in criminal appeal number 270 of 2001 and Bachchey Lal Tiwari respondent number1 in criminal appeal number271 of 2001 filed by the State of Uttar Pradesh faced trial for alleged companymission of offences punishable under Section 302 and Section 302 read with Section 34 of the Indian Penal Code, 1860 in short the IPC .
Pintoo grandson of Mahajan Tiwari took out a pistol and handed it over to the accused Sachchey Lal Tiwari and then Pintoo and Bachchey Lal Tiwari exhorted by saying that the companyplainant side should be killed.
Complainant Achhaiber Misra went to the police station Sarnath in district Varanasi and lodged a written report Ex.
Both were found guilty and accordingly companyvicted while death sentence was imposed on the former, life sentence was imposed on the latter.
The companyplainant Achhaiber Misra witnessed it and he along with his sons Vijai Shanker Misra and Surender Nath Misra hereinafter referred to as deceased by their respective names reached near the field and asked the accused number to dismantle the demarcating line of the field.
It held the evidence to be inadequate so far as accused Bachchey Lal is companycerned, and accordingly directed acquittal.
In support of its case the prosecution examined seven witnesses in all.
Reference was made to the High Court for companyfirmation of the death sentence and appeals were filed by the accused persons.
Facts giving rise to the prosecution of the two accused are that the companyplainant Achhaiber Misra PW I and both the accused are residents of Village Ledupur within the circle of police station Sarnath district Varanasi in Uttar Pradesh.
The occurrence was witnessed by Prem Nath Misra, Rama Kant Misra PW 2 and other village persons and thereafter the two accused and Pintoo ran away from the scene of occurrence, leaving behind the dead bodies.
The defence of the accused was that they have been falsely implicated in this case due to previous enmity and ill will.
By the impugned judgment High Court altered the sentence to life sentence for the former and directed acquittal of the latter.
The dead bodies were sent to District Hospital, Varanasi where post mortem examination was companyducted on 4.11.1995 vide post mortem reports Ext.
The defence also examined Yagya Narain Misra DW 1 and Prem Nath Misra DW 2 .
After companypleting necessary formalities of investigation, charge sheet was submitted against the appellants who pleaded number guilty to the charges and claimed to be tried.
271/2001 ARIJIT PASAYAT, J These two appeals are interlinked having their foundation on a judgment of the Allahabad High Court.
The agricultural fields of the two sides also adjoin each other near the old brick kiln towards east and south of the village.
The appeal is limited to acquittal of Bachchey Lal.
There was exchange of hot words between the two sides.
He inspected the site and prepared the site plan Ex.
The ground level of the field of companyplainant Achhaiber Misra is slightly higher than the level of the plots of the appellants.
The learned lower companyrt scrutinized the entire evidence on record, believed the prosecution theory, companyvicted the accused and sentenced them as above.
With CRIMINAL APPEAL NO.
Ka 1 there at about 8.15 A.M. On it G.D. entry was made at the police station and a case against the appellants was registered.
Thereafter he recorded the statements of the witnesses and took the sample and blood stained earth from the scene of occurrence and also prepared the Panchayatnamas of the dead bodies.
The Investigating Officer, S.I. Sri Sita Ram Chaudhary PW 6 reached the scene of occurrence.
