DULARE PASI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two Criminal Appeals No. 1799 of 1980 and 2022 of 1980 arise out of a common judgment and order dated 14-8-1980 passed by Sri B.B. Singh, v. Additional Sessions Judge, Allahabad, in S.T. No. 326 of 1978. Appellant Dulare Pasi in Criminal Appeal No. 1799 of 1980 was convicted under Sec. 302/109, I.P.C. and appellant Sheo Mohan Pasi in Criminal Appeal No. 2022 of 1980 was convicted under Sec. 302, I.P.C. Both of them were sentenced to life imprisonment.

(2.) The case of the prosecution, in short, is that a civil suit was pending between the parties over the demolition of unauthorised construction raised over the impugned land. Both the parties were asserting their possession. That suit was decreed against the appellants. The decree was also got satisfied by demolition of the unauthorised construction with the help on police on 17-7-1976 by Chhedi Lal and his brother Rameshwar. Serious cracks in the relation between the parties due to the said litigation developed on 2-4-1978 to help the deceased in his thrashing work P.W. 1 Jawahar Lal, a resident of village Osa, with his oxen and P.W. 2 Raja Ram, a relation of the deceased, had come to his house. After finishing the day's work Jawahar Lal and Raja Ram took their dinner and left for Khalihar along with deceased Chhedi Lal. Chhedi Lal was also holding a burning lantern. At about 7.30 P.M. when they arrived near the culvert, both the appellants, who were sitting there, accosted them. On the instigation of appellant Dulare Pasi, appellant Sheo Mohan Pasi fired a single shot from his country made pistol upon Chhedi Lal, who tried to run away. The injuries were caused on his back. As a result of these injuries, Chhedi Lal died instantly. The alarm raised by P.W. 1 Jawahar Lal and P.W. 2 Raja Ram attracted many others and the assailants, in the meantime, took to their heels. A written report (Ext.-Ka1) was prepared by P.W.1 Jawahar Lal on the spot and leaving the dead body of Chhedi Lal, in the care of the villagers, he went to the Police Station Manjhanpur. The report was lodged at the above said police station at about 10.00 P.M. on the same night, i.e. on 2-4-1978 and a case got registered as Crime No. 76 under Sec. 302, I.P.C., against both the appellants.

(3.) The investigation of the case was initially handled by P.W. 5 D.P. Singh, S.O., Manjhanpur. He prepared the inquest memo on 3-4-1978 between 7.00 and 10.00 A.M. and sent the dead body for post-mortem examination. On 4-4-1978 P.W. 6 S.O. Kaptan Singh took over the investigation from P.W.5 D.P. Singh and submitted charge-sheet (Ext. Ka-11) against both the appellants on 14-4-1978.