RASHID Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred by appellants Rashid and Shazid against their conviction under Section 302 read with Section 34, I.P.C. and sentence of life imprisonment by the judgment and order dated 25-10-1980 passed by Sri I.P. Singh, IVth Additional Sessions Judge, Meerut in S.T. No. 253 of 1980.

(2.) The prosecution case, in brief, is that at about 6.15 a.m. on 22-3-1980 Ishwar Singh was returning after having eased himself in the field situate on the East of Rajbaha (canal drainage) along with Rishi Pal, Brijpal Singh, Kiran Singh, Dhara and Jagvir Singh. As he was trying to cross on the footpath of this drain, he was fired upon by Rashid and Shazid. These two appellants were covering themselves with a cotton sheet. Their eyes were only exposed. The weapons were concealed underneath the cover. The incident was witnessed by the above said persons. Out of them P.W. 1 Rishi Pal, PW 3, Brijpal Singh and PW 4, Kiran Singh were examined by the prosecution as eye witnesses of the incident. Ishwar Singh, deceased fell down on the Patri of the drain and he was placed on a cot and brought to the house of the deceased. From there he was placed on a tractor and an attempt was made to take him to the police station. On way to Mawana near the crusher of Vijay Singh, Ishwar Singh succumbed to his injuries. Informant Rishi Pal scribed the report Ext. Ka 1 at that very place and thereafter, he in company of some other villagers, took the dead body to the police station and filed his written report there.

(3.) On the basis of the said written report, chick report and other formalities pertaining to the registration of the case were completed by Head Moharrir Jai Chand in the presence of S.I. Yogendra Pal Singh, PW 6, S.I. prepared the inquest report and completed other formalities. The dead body was thereafter sent for postmortem. He afterwards reached the village of incident and recorded the statements of Brijpal Singh and Kiran Singh and went to the site of occurrence, inspected the same, prepared a sketch map and the inspection memo. He also collected blood-stained and simple earth and Lota, which according to theprosecution was in possession of the deceased at the time of incident. The necessary recovery memos of the abovesaid articles were prepared. After conclusion of the investigation charge-sheet was submitted by another S.I. Jag Roshan Singh, who had taken over the investigation from the abovesaid S.I., PW 6.