ANANDI Vs. STATE

JUDGEMENT

(1.) Both the above appeals, arise out against the same judgment and order dated 26-8-2006, passed by Additional District and Sessions Judge/F.T.C., Kashipur, District Udham Singh Nagar, in S.T. No. 293/2002, State vs. Deepak and three others, therefore, they are being decided by this common judgment. By the impugned judgment the learned Additional Sessions Judge has held guilty all the accused/appellants Deepak, Bablu, Anandi and Rajendra @ Raju U/Ss 302/34, 307/34, 324/34 and 354/34 I.P.C. All of them were sentenced to life imprisonment U/Ss 302/34 and 307/34 I.P.C. and a fine of Rs. 5000/- each and in default of payment of fine to further undergo R.I. for one month. They were further sentenced to undergo two years R.I. U/S 324/34 I.P.C. and two years R.I. U/S 354/34 I.P.C. However, the sentences were to run concurrently.

(2.) Brief facts of the prosecution are that complainant Sandeep Kaur lodged written report, Ext. Ka.1, at P.S. Jaspur, at 8.10 a.m. on 10.5.2002, with the allegations that in the night of 9/10 June, 2002, she was sleeping in her room and her father Jeet Singh, brother Hardeep Singh, sister-in-law Jitender Kaur and Sandeep Singh, son of her maternal uncle were sleeping in the court-yard. In the mid night at about 12.00 she heard the shrieks of her sister-in-law and she came out of her room and saw that Deepak, Bablu sons of Anandi and Raju son of Rampal along with others with iron-handles gave vital blows on the heads of her father, sister-in-law , Hardeep Singh and Sandeep Singh, due to which all of them became unconscious. Anyhow she raised alarm and then her neighbours Sewa Singh, Bichitra Singh came at the scene of occurrence and they also saw the occurrence. The injured were brought to M.P.Singh Nursing Home for treatment. It is further alleged in the F.I.R. that these persons also caused injuries to Nanhe and his wife. On the basis of written report, chick F.I.R. Ext. Ka.11 was prepared at the police station and a case crime No. 286/2002 U/S 307/323 I.P.C. was registered against the accused persons vide G.D. No. 11 dated 10.6.2002 at 8.10 a.m., carbon copy of which is Ext. Ka. 12.

(3.) The investigation was entrusted to Khyali Ram Tamta. He visited the place of occurrence and seized the plain and blood-stained earth from the place of occurrence and prepared recovery memo, Ext. Ka.29. On 11.6.2002 the I.O. arrested accused Deepak and on his pointing out weapon of assaults handle of Hand Pump and a spade got recovered vide recovery memo Ext. Ka.30. The I.O. also visited the place of occurrence and prepared site plan, Ext. Ka.31. On 13.6.2002 on the death of injured Nanhe the case was converted into Section 302 I.P.C. and prepared inquest report, Ext. Ka. 32 and after completing necessary formalities sent the dead body for post mortem. The injured Jeet Singh died on 14.6.2002 in Sain Hospital Moradabad. The I.O. also performed inquest on his dead body. On 23.6.2002 accused Anandi was arrested. The I.O. took statements of injured eyewitnesses. Thereafter investigation was entrusted to Inspector Ishwari Dutt Joshi. He arrested accused Deepak, Bablu, Anandi and Rajendra and submitted charge sheet, Ext. Ka. 33 against the accused persons.