The court upheld the conviction for murder based on direct evidence, while recognizing the juvenile status of one appellant, leading to a modified sentence under juvenile law.

JUDGMENT :

Ram Manohar Narayan Mishra, J.

1. Heard Sri Kamal Krishna learned Senior Advocate, assisted by Sri Rakesh Kumar Singh, learned counsel for the appellant, Ajai Kumar Gupta; and also assisted by Sri Chandra Shekhar Garg, learned counsel for the appellant, Satish Kumar Gupta; as well as Sri Virendra Singh Chauhan, learned counsel for the mother of the deceased; Sri Gyan Narayan Kanojia, learned AGA Ist for the State and perused the material placed on record.

2. As both the criminal appeals have arisen out of same judgement of conviction and sentence, hence, these are being decided by this common judgement:-

3. Above noted Criminal appeals have been preferred by the accused appellants namely, Ajai Kumar Gupta and Satish Kumar Gupta, with a prayer to set aside the judgment and order dated 4. 3.1983, passed by Sessions Judge, Banda, in S.T. No.285 of 1982, under Sections- 302 IPC, arising out of Case Crime No.78 of 1982, Police Station- Atarra, District- Banda, whereby, they have been convicted for charge under Section 302 read with Section 34 IPC and have been sentenced to imprisonment for life. The appellant Ajai Kumar Gupta was released on bail on 8.3.1983 and appellant Satish Kumar Gupta was released on bail vide order dated 22.3.1983, in their respective appeals.

4. The factual matrix of the case in brief are that the informant lodged present FIR on the basis of written report (Ext.Ka-1) at police station concerned on 16.5.1982, at 4:30 AM, with allegation that a groom’s party (barat) had come from district Jalaun at the place of his maternal uncle, Raj Singh, in village Musasi, Police Station Badausa. This marriage party was to leave in the intervening night of 15/16.5.1982 from Atarra railway station. The passenger train by which this marriage party was to leave was late. The train arrived at the station at around 2:00 AM, in which informant got the marriage party boarded and he also travelled in the same train alongwith his three companions up to Khurhand railway station together with said groom’s party (barat). They disembarked from the train at Khurhand railway station and came back to railway station Atarra by Bundelkhand Express. It was 3:30 AM. As soon as they reached at the platform, accused Ajay Kumar Gupta and Satish Kumar Gupta, who hail from Kasba Atarra and were known as local goons, appeared there. Satish Kumar wielded an iron rod in his hand. They stopped Shyam Sundar Gupta, one of the companions of the informant and accosted him while abusing that he appeared to be a rogue (badmash), from where he was coming. The informant and his companions objected to this and intervened. They asked them not to speak in bad manner, which resulted in altercation between informant and his companions and the accused persons. They came out of the station and sat in the tea shop of one Badku on a bench lying outside his shop. These two miscreants started abusing and threatening them while standing in front of the shop. Avadhesh Singh, one of the companions of the informant, took a strong exception to their conduct and asked them to refrain from abusing them. As soon as he stood from the bench, Satish Kumar Gupta caught hold of his hand and twisted it and got him forcefully seated on the bench. Accused Satish Kumar also exhorted accused Ajay Kumar to kill him as he was showing arrogance, thereupon, accused Ajai Kumar whipped out a country made pistol from pocket of his pant and fired close to the chest of Avadhesh Singh. Avadhesh Singh got injured in his left chest and fell down on the bench. Thereafter, both the accused fled away towards town. The occurrence was also seen by one Kishan Pal Singh. A written report Ext.Ka-1 of the occurrence was lodged by Rakesh Kumar Singh (PW-1) at 4:30 AM at Police Station Atarra, situated about one kilometer away from the scene of the incident. Station Officer of Police Station Atarra, Ramji Mishra (PW-5) was present at the police station. Soon after the case was registered, he took up the