MALKHAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Criminal Appeal No. 2387 of 1982 was preferred by Malkhan Singh, Narendra Kumar and Pratap Singh. Connected with this appeal are Criminal Appeal No. 2548 of 1982 and Criminal Appeal No. 2686 of 1982. These appeals are preferred by Om Pal and Shripal respectively.

(2.) All the aforesaid appeals arise out of an order of conviction under Section 302/149, 147 and 148, I.P.C. of all the appellants. Malkhan Singh and Pratap Singh being armed with Lathi were convicted under Section 147, I.P.C. and sentenced to one year's R. I. Appellants Shripal and Om Pal were sentenced under Section 148, I.P.C. for holding pharsa and sword to two year's R. I. They all were also sentenced to R. I. for life under Sections 302/149, I.P.C. All the sentences were to run concurrently.

(3.) The facts of the case, in brief, are that the occurrence in this case had taken place on 23-9-1981 at 4.30 p.m. in the Jungle (fields) of village Jarara near the field of Devi Singh. The place, where there incident had occurred, is about 2 kms. from the Abadi of the village. The F.I.R. of this incident was lodged by Vipin Kumar son of deceased Fatesh Singh at 6.30 p.m. at P. S. Pahasu on the same day. A case, on the basis of this written report, was registered at the above said police station by the Head Moharir, P.W. 4 Shiv Prakash. Written report is Ext. Ka-1. After preparation of the check report and completion of other formalities the investigation of the case was taken up by P.W. 6 Yogendra Singh, S. I. He arrived at the scene of occurrence and prepared inquest memo and sent the dead body for post-mortem examination. He had alsoprepared other papers pertaining to the post-mortem. He had recovered the bags containing grounded wheat flour and other vegetables that were carried by the deceased on his cycle. They were given in the custody of his son, PW-1 Vipin Kumar. He had also recovered blood stained earth and simple earth from the seat of incident, sealed them in different containers, and prepared their recovery memos. Thereafter the investigation was taken over by P.W. 7 Balbeer Singh, S. I. After conclusion of the investigation he had submitted the charge-sheet in the case against the abovesaid appellants.