BHADAI Vs. STATE U P

JUDGEMENT

(1.) D. K. Trivedi, J. The present criminal appeal arises out of the judgment and order dated 25-3-87 passed by VI Addl. Sessions Judge, Faizabad in Sessions trial No. 369/85 convicting accused Bhadai under Section 302ipc and sentencing him to undergo imprisonment for life.

(2.) THE prosecution case is that the incident took place in the night between 18/19-7-85 at the house of Ram Awadh (deceased) in village Ashajeetpur Ahiran within police circle-Bhiti, District Faizabad. It is said that on the date of the incident deceased Ram Awadh was sleep ing on the cot out side door of the house. It is further said that Smt. Bhagna wife of Ram Awadh deceased was also sleeping in the 'osara' alongwith her three years child. According to the FIR at about 11 p. m. complainant Pancham woke up on hearing the cries and rushed to the spot and there he saw that his brother Ram Awadh's be headed body was lying on the cot out side of his house. It is said that several persons reached there but Ram Awadh died on the spot after some time. According to the FIP Ram Awadh (deceased) was killed by some unknown persons due to some enmity. Nobody was named in the FIR. THE report was lodged by Pancham PW-1 on 19-7-85 at about 7. 30 a. m. and on the basis of said report a case was registered as case crime No. 65/85 under Section 302 IPC, P W 5 S. I. Kedar Nath Mishra started investigation in this case. He recorded the statement of Pancham and reached the place of incident at about 12 O'clock (noon) the same day. He prepared the inquest report of the dead body of deceased Ram Awadh and other relevant papers Ext. Ka-5 to Ka-9and sent the dead body to mortuary for post-mor tem examination. THE investigating officer further recovered the blood stained cloths of the deceased and prepared its Fard. He inspected the place of the incident and prepared site plan Ext. Ka-11 and recorded the statements of the witnesses. THE investigating officer on the next day recorded the statement of Smt. Bhagna wife of deceased-Ram Awadh and there after, arrested accused Bhadai on 20-7-85 at about 7 p. m. in village Ashajeetpur Ahiran. It is said that after arrest of the accused Bhadai, on his pointing, the inves tigating officer recovered a blood stained 'banka' from the well of one Bachai Dubey. He also recovered the blood stained 'baniyain' of accused Bhadai and prepared its Fard. After completing the investigation, he submitted the charge-sheet against Bhadai.

(3.) THE prosecution in support of its case examined as many as six witnesses. Out of them PW-1 Pancham and PW-2 Smt. Bhagna are the witnesses of fact. PW-3 Dr. P. N. Singh conducted autopsy on the dead body of deceased Ram Awadh and proved there post-mortem report Ext. Ka-2. PW-4 Narvadeshwar Mishra scribed the FIR and proved the chik report and other GD entries. PW-5 S. I. Kedar Math Mishra after completing investigation in this case, submitted charge-sheet against the ac cused. P W-6 Ravidnra Nath Singh brought the dead body of the deceased Ram Awadh to mortuary for post-mortem examination and produced it before the doctor for post mortem examination.