Court No. - 43

Case :- CRIMINAL APPEAL No. - 3727 of 2006

Appellant :- Prem Kumar Shukla @ Prem Shankar

Respondent :- State of U.P.

Counsel for Appellant :- Tripathi B.G. Bhai,Lav Srivastava,V.P. Srivastava

Counsel for Respondent :- Govt. Advocate,Shaminul Hasnain

Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Shiv Shanker Prasad,J.

1.

This criminal appeal is by the accused-appellant Prem Kumar

Shukla @ Prem Shankar against the judgment and order dated 17^th June,

2006 passed by the Additional Sessions Judge/Fast Track Court No.-2,

Siddhartha Nagar in Session Trial No. 133 of 1992 (State Vs. Prem Kumar

Shukla), arising out of Crime No. 110 of 1989, under Section 302 I.P.C.

Police Station-Chilhiya, District-Siddhartha Nagar, whereby he has been

convicted and sentenced him to undergo (i) life imprisonment under

Section 302 I.P.C. with fine of Rs. 10,000/-, in default thereof, he has to

further undergo one year additional simple imprisonment.

2.

We have heard Mr. Tripathi V.G. Bhai, learned counsel for the

accused-appellant and Kumari Meena, learned A.G.A. for the State and

have carefully perused the materials available on record.

3.

The prosecution case is that on 8^th August, 1989 (night) the first

informant/P.W.-1, namely, Barfi Devi was sleeping on floor of her roof and

her husband, namely, Lavkush Shukla (hereinafter referred to as the

“deceased”) was sleeping on a cot over his roof (Chhat). At at about 03:00

a.m., the first informant/P.W.-1 heard foot steps of someone and in the light

of lantern, she saw the accused-appellant along with Jai Prakash @ Golku,

who were armed with country-made pistols (Kattas). It is alleged that the

accused-appellant and his brother indiscriminately fired upon the husband

of the first informant i.e. deceased, who died on the spot. Having returned

a few steps, the other assailant Jai Prakash fired another shot upon the

deceased and both of them fled via the roof of house of one Akchhaibar

Dubey. The incident is said to have seen by the first informant. It is also

alleged that there was a dispute with regard to immovable property

between the deceased and the accused persons are otherwise related to

1

the deceased. About six months back, the brother of the accused

appellant, namely, Jai Prakashhas shot dead the son of the deceased and

first informant, namely, Shatrughan Shukla. The contents of the report

were dictated by the first informant to Rishi Dev (P.W.-2), who had

prepared the written report (Exhibit-Ka-1) on the basis of which the first

information report came to be registered on 9^th August, 1989 at 06:45 a.m.

The distance between the Police Station and the place of occurrence is

about 6 kilometres. On receiving the information about the incident, the

Police came on the spot and prepared the inquest report at about 09:15

a.m. in the morning. The inquest witnesses found that the cause of death

of the deceased was gun short injuries. The dead body was sealed and

sent to Mortuary for post-mortem. The autopsy on the dead body has been

conducted by Dr. Kuber Nath Pandey (P.W.-5), who found the cause of

death of the deceased to be severe ante-mortem gun shot injuries.

4.

The Investigation was concluded after recording the statements of

witnesses and charge-sheet was submitted against the accused-appellant

under Section 302 I.P.C. The Magistrate concerned took cognizance and

committed the case to the Court of Session resulting in registration of

Sessions Trial No. 133 of 1992. The accused-appellant has been convicted

of murdering the deceased Lavkush Shukla and committing offence under

Section 302 I.P.C.

5.

The trial proceeded and the prosecution produced following

documentary evidence:

“i). The written report subscribed by Rishi Dev (P.W.-2) on the dictation of

the first informant Barfa Devi (P.W.-1) has been marked as Exhibit Ka-1;

ii). The first information report dated 9^th Augsut, 1989 has been marked as

Exhibit-Ka-5;

iii