NATHOO RAM AND OTHERS Vs. STATE

JUDGEMENT

(1.) ALL the appellants namely Naththoo Ram, Rampal Sultan, Brij Lal and Parsadi have been convicted and sentenced to 1-1/2 years R.I. under Section 147, I.P.C., two years R.I. under Section 148, IPC and to imprisonment for life under Section 302 read with Section 149, IPC and one year R.I. under Section 323/149, IPC. The conviction under Sec­tion 302, IPC read with Section 149, IPC has been recorded in relation to the mur­der of Daya Ram while conviction under Section 323/149, IPC is in relation to in­juries caused to Smt. Phudari, P.W. 5, the mother of the deceased.

(2.) OUT of the above named appel­lants, Sultan son of Jagan died during the pendency of this appeal, hence his appeal has abated.

(3.) SURAT Singh P.W. 1 came to the village and there he wrote down the report Ex. Ka.3 and then went to Khitwana where Pahalwan Chowkidar met him. Along with him he went to police station Mehroni and lodged the F.I.R. at 4 p.m. on the same evening. Head Constable Shiv Singh P.W. 6 prepared check report Ex. Ka. 4 and the case was registered in the general diary copy of which has been proved as Ex. Ka. 5. The Station Officer Kamta Singh P.W. 11 was present at the police station when the case was registered. He took up the inves­tigation and reached the place of occur­rence immediately. The inquest was held and thereafter the dead body was sent for post-mortem examination along with all necessary papers. From the dead body of Daya Ram his blood stained Shirt Ex. 3 was taken into possession through memo Ex. Ka. 14. From the place of incident, the Investigating Officer took into his posses­sion one pair of shoes Ex. 5 and one pair of Chappal of Smt. Phudari, Ext. 6. The state­ment of witnesses were recorded and the site plan Ex. Ka. 18 was prepared. Blood stained earth and plain earth was also col­lected from the scene of occurrence through memo Ex. Ka. 19. The Investigat­ing Officer also found some pieces of bangles and collected and kept them in a sealed bundle and its memo Ex. Ka. 20 was prepared. The Investigating Officer also found at the scene of occurrence, plough and Bakhar which were also taken into possession and given in the custody of Baldeo father of deceased Daya Ram through memo Ex. Ka. 21. The Investigat­ing Officer in order to effect the arrest of the accused persons raided their houses. During the search of accused Parsadi one blood stained Parena Ex. 1 was taken into possession through memo Ex. Ka. 20. Similarly one more Parena Ex. 11 was recovered from the house of accused Brij Lal and was taken into police custody through memo Ex. Ka. 22. Both the Parenas were kept in separate sealed bundles. Blood stained Dhoti Ex. 4 of Smt. Phudari was also taken into possession through memo Ex. Ka. 26. The Investigat­ing Officer also took into possession the relevant papers relating to the demarca­tion of the land of the deceased and copy of Khasra for 1386 Fashi as well as copy of the order of the SDM, Lalitpur Ex. Ka. 29. On completion of investigation all the accused persons were challaned vide Ex. Ka. 31.