JAGDISH NARAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Jagdish Narain, the appellant No, 1, along with his two sons Avdhesh and Avinash and two friends Rameshwar Dayal, the appellant No. 2, and Surya Prakash was tried by the Additional Sessions Judge, Pilibhit, for riding and murder of his step brother Jatendra Nath. The trial ended in an acquittal; and aggrieved thereby the State preferred an appeal. During the pendency of the appeal Advesh and Surya Prakash died and consequently their appeal abated. As regard others, the High Court affirmed the acquittal of Avinash but reversed that of the two appellants (the respondents therein) and convicted and sentenced them under Sections 148 and 302, read with Section 149, I. P. C. The above order of conviction and sentence is under challenge in this appeal preferred under Section 379, Cr. P. C.

(2.) Shorn of details the prosecution case is that on February 11, 1977 the deceased, his son Achal Kumar (P. W. 1) and his servant Devi Ram (P. W. 2) were carrying sugarcane in a bullock-cart from their village Mar to a mill in Bilsanda for getting the same weighed. While P. W.s. 1 and 2 were in the bullock cart with the latter driving it, the deceased was following the cart on foot. At or about 2 p. m. when the cart had, after crossing a culvert situated on the Kachha road, reached near the field of one Ram Autar, the five accused persons came out from behind a heap of straws armed with deadly weapons including guns. Then the appellant No. 1 fired a shot at Jitendra Nath felling him down. The gun which the deceased was carrying also fell down. On the exhortation of Avinash and Avdesh, the appellant No. 2 also fired a shot hitting Jitendra Nath. Thereafter the miscreants fled away along with the gun of the deceased.

(3.) Achal Kumar (P. W. 1) then rushed to Bilsanda Police Station, which was at a distance of one mile, and lodged an information about the incident. On that information a case was registered against the accused person and Inspector D. R. Thapalyal (P. W. 6) took up investigation. He went to the scene of occurrence accompanied by other police personnel and after holding inquest upon the dead body sent it for post-mortem examination. He prepared site plan and seized some blood stained earth, two pellets and one pair of shoes from the site. On completion of investigation he submitted charge-sheet against the accused persons and in due course the case was committed to the Court of Session.