JITTAN Vs. STATE

JUDGEMENT

(1.) The present appeal was preferred by the appellants Jittan s/o Sarjoo, Rekha s/o Sarjoo, Chittoo s/o Sarjoo and Lal Chand s/o Shiv Dhar against their conviction under Sec. 148, 302/149 and 201, IPC (passed by IVth Additional Sessions Judge, Azamgarh) and sentences of two years' R. 1, life imprisonment and for 4 years rigorous imprisonment respectively under the above-said sections. These sentences were directed to run concurrently.

(2.) One of the appellant Ashok Kumar alias Bijli was murdered before the case was committed to the Court of Session. His trial, therefore, was abated. During pendency of the appeal three appellants jittan, Rekha and Chittu all sons of Sarjoo have also died. Appeal of Jittan dismissed as abated vide the Court's order dated 17-9-1998. The appeal of Rekha and Chittu had already been dismissed by this Court as abated by its order dated 19-9-1998. Thus in the present appeal we are concerned only with appellant Lal Chand.

(3.) In the present case the facts reveal that Sheo Datt Yadav was initially assaulted on the night of 19-2-1977 by all the five accused persons at about 7.00 P.M. while he was coming back from village Kolara. He had gone to village Kolara to Sheo Jor Yadav for taking water to irrigate his crops from his tubewell. On his return he was accompanied by Jhillar (PW-2) and Jay Mangal (PW-3). Both the above said witnesses had also gone to Sheo Jor Yadav for the same purpose on the same evening. They were told by Sheo Jor Yadav to approach him the next day because he was irrigating his own field on that day. These three persons, deceased and two eyewitnesses, were on their way back. It is alleged that as soon as they reached the Jau field of Jittan all the accused persons named in the FIR emerged out from the field of Ashok alias Bijli and accosted the deceased. Jhillar was having a torch, which he flashed at the relevant moment. It is said that the witnesses had identified the assailants in the light of this torch. The time when the assault was launched upon the deceased was about 8.30 P.M. The witnesses initially tried to save the deceased but they were challenged by the assailants. They took to their heels and came running to the village of the deceased. Out of five accused persons Ashok and Jittan were armed with spear (Bhalla), Rekha with Pharsa, Chittu and Lal Chand were having lathis. The assailants especially Ashok before launching the assault upon the deceased yelled out that the deceased is the man who had implicated them in false case. The assault immediately followed. These two witnesses communicated the information of the assault to Ram Harsh Yadav and his family members. The other villagers rushed to the scene of occurrence along with Jhillar and Jay Mangal without any loss of time. They reached the Jau Field of Jittan. Some of them were having torches. These witnesses were also armed with lathis. They searched the deceased in the Jau field of Jittan but could not find the presence of their father dead or alive in that field. In the process of search in the field they detected blood, Gamchha (Ext. ka.3). Two broken denture piece of tooth containing 4-5 tooth also found lying. These articles belonged to the deceased. According to PW-1 he having suspected the murder of Sheo Datt Yadav, his son, along with other family members set out in search of the deceased in other fields as they noticed the drops of blood. The search continued until 4.00 A.M. and ultimately they found trail of blood leading to the railway line from the place of occurrence. On the railway line they found pieces of a body littered in a considerable length and width. One blood stained chaddar (cotton sheet) Ext. Ka4 and one shoe (Ext. Ka2) were also found lying near the littered pieces of the body. These pieces were collected before preparing the FIR by PW-1. He prepared Ext. Ka-1 at the railway lines itself soon after the discovery of the pieces of the body and identified these pieces to belong to the person of Sheo Datta Yadav. After inscribing the report he had sent it through his uncle to the police station. It was registered on 20-2-1977 at 6.30 A.M. The check report (Ext. Ka.3) was prepared. The G.D. regarding its entries is Ext. Ka4. The Investigating Officer Tej Pratap (PW-7) proceeded to railway line. He recovered the pieces of the body towards south of the railway track and sealed them in a piece of cloth and put the same in a basket. Inquest memo Ext.Ka5 was prepared by him. Others pertaining to post mortem and sealed bundle containing pieces of the body of the deceased were handed over to the police constable Kalika Singh and Chaukidar to take them to Azamgarh for post mortem examination. The site plan was prepared also on 27-2-1977. it is Ext.Ka.8. Blood stained earth and simple earth from the field of Balli and Mukkhu Yadav was also recovered. Its memo is Ext.Ka.10. The broken pieces of teeth from the field of Jittan and blood stained Gamcha from the spot both were also recovered apart from the blood stained earth and simple earth from the above fields. The recovery memo is Ext.Ka.11. The blood stained spear from the field of Jhillar was also recovered. Its recovery memo is Ext.Ka.12. Footprints were also recorded on plaster of paris from the field of Mukkhu. Its recovery memo Ext.Ka.13. Janghiya, Dhoti and Baniyan were also recovered from the spot. He recorded the statement of Jhillar and Bhanwaru Yadav on the same day. Recovery memo of their torches as Ext. Ka 15 was also prepared on 21-2-1977.