SUSHIL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Sushil since deceased, Tapeshwar and Ram Niwas were charged and tried by the First Additional Sessions Judge, Muzaffarnagar in sessions Trial No. 294 of 1980 under Sections 302/34 IPC for murder of one Jai prakash. Learned Additional Sessions Judge by his judgment dated 27-8-1981 convicted them under Sections 302/34 of the Penal Code and sentenced each of them to undergo life imprisonment. The said conviction and sentence has been further affirmed by the High Court of Allahabad in Criminal Appeal No. 1912 of 1981 decided on 29-11-1982 against which this appeal after grant of special leave has been preferred.

(2.) According to the prosecution a day earlier to the occurrence there was an altercation between the deceased Jai Prakash and the appellants when the appellants had threatened to kill him. On 15-8-1982 at about 5.45 a. m. the deceased Jai Prakash along with his uncle Hoshiyara PW 2 had gone to the jungle close by to their village to answer the call of nature. At about 6.30 a. m. after they had eased themselves, Hoshiyara cleaned his hands and when the deceased Jai Prakash was cleaning his hands it is at that point of time that the accused Sushil, Tapeshwar and Ram Niwas arrived there. The accused/appellant tapeshwar caught hold the hands of the deceased Jai Prakash, Ram Niwas attacked him with a knife in the abdomen and stomach while Sushil gave knife blows on the waist and knee. When Hoshiyara saw this assault on Jai Prakash he raised a hue and cry. The witnesses Charan Singh PW 3, Chandramal PW 4 and dharampal PW 5 rushed there. The three assailants named above ran away from the place of occurrence after assailing Jai Prakash. After receiving the injuries jai Prakash dropped on the ground and succumbed to his injuries on the spot shortly thereafter. Thereafter Charan Singh, PW 3, went to the house of the deceased and narrated the occurrence to Hoshiyar Singh, PW 1, the father of the deceased. Hoshiyar Singh then rushed to the place of occurrence and after making enquiries from the witnesses and leaving some of the family members and other villagers near the dead body he went back to his village, got the report scribed from one Hari Prakash and took it to the Police Station, Mansoorpur and gave the said written report Ext. Ka-1 to the Head Moharrir, Hari Singh on the basis of which FIR Ext. Ka-4 was recorded and offence against the three accused persons named above was registered.

(3.) Police Inspector Bhim Singh, Public Witness 6, commenced the investigation. He recorded the statement of the complainant Hoshiyar Singh, Public Witness 1, and then reached the place of occurrence and prepared the inquest report of the dead body and recorded the statement of the witnesses. He also seized thebloodstained and simple earth from the spot and also seized the pyjama and shoes of the deceased. He sent the dead body of Jai Prakash to the District Hospital, Muzaffarnagar for post-mortem.