CHANDAN AND ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 8.4.1982 passed by Session Judge, Hamirpur in S.T. No. 2 of 1981 State Vs. Chandan and others under section 302/34 IPC relating to P.S. Rath, District Hamirpur whereby convicting the accused Chandan and Devi Dayal under section 302 IPC and sentencing them to undergo imprisonment for life.

(2.) THE prosecution case in brief is that on 5.9.1980 at 10:00 AM Swami Deen (the Informant) was sitting on the Chabutara of his house and was talking with Nripat. His son Ram Sahai was returning home and when he reached in front of the cattle shed of Satti Deen then both the accused Devi Dayal and Chandan emerged out his cattle shed and challenged Ram Sahai. Both fired shot with pistol at Ram Sahai. Ram Sahai shouted for help and after running 15-20 paces he fell down on the ground near the Neem tree. Thereafter accused Devi Dayal gave blow with butt of his pistol at the mouth of Ram Sahai. The motive has been given that one month prior to the occurrence the accused persons had abused and beaten Ram Sahai and at about 1½ years back Ram Sahai had molested sister-in-law of accused Chandan in respect of which a Panchayat was convened and as decided by the Panchayat, the sister-in-law of accused Chandan had given shoe beating to the deceased Ram Sahai.

(3.) S .I. Ram Ashish Singh (PW-8) took over the investigation of the case. He visited the spot of occurrence and conducted the inquest on the dead body of Ram Sahai and prepared inquest report (Ex Ka-7) and relative papers (Ex Ka-9 and 10). He handed over the dead body in the sealed condition with the relative papers to the constable Ram Chandra and Shiv Pal Singh for postmortem. He collected blood stained and plain earth from the spot and prepared memo (Ex Ka-11). He also prepared the site plan (Ex Ka-2).