RAM GOPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ajay Vikram Yadav, learned counsel for the appellant, Sri L.D. Rajbhar (AGA) and Sri Prem Shanker Mishra (AGA) for the State and perused the record.

(2.) This criminal appeal has been preferred against the judgment and order dated 15.09.1997 of Vth Additional Sessions Judge, Fatehpur, in ST No. 493 of 1993, arising out of Case Crime No. 181 of 1993, under Sections 302, 380, 411 IPC, Police Station Lalauli, District Fatehpur, whereby the accused-appellant Ram Gopal has been convicted and sentenced for the offence under Section 302 IPC for life imprisonment, for the offence under Section 380 IPC for six months rigorous imprisonment and for the offence under Section 411 IPC for three months rigorous imprisonment. The co-accused persons Rakesh Yadav and Jagjeet have, however been acquitted from the aforesaid charges.

(3.) Brief facts of this case is that the informant Om Prakash on 06.08.1993 at about 4:00 PM lodged a first information report by means of a written report in the Police Station Lalauli for the offence under Section 302 IPC against unknown persons. Accordingly, on 5/6.08.1993 at any time in the night his father Ram Vishal aged about 55 years was sleeping on the pumping set in village Benu for the purpose of security. The informant had gone outside the village in some relation. In the night, certain unknown persons cut the throat of his father and committed his murder. When he came back from the relation and saw the dead body of his father, he got the written report inscribed by Sushil Kumar, resident of Sahbajpur, Police Station Bindki and lodged the first information report. On the basis of first information report, the police started investigation, prepared the inquest report, got the postmortem of the dead body conducted. Statements of the witnesses were recorded. On 06.08.1993, one blood stained towel of the deceased, a piece of blood stained bed sheet, one rope which was 22 feet long and one pliers was taken into possession by the Investigating Officer and the rope and plier was handed over in the custody of the informant. The Investigating Officer on 09.08.1993 recorded the statement of Balgovind and Kishanpal who stated that they saw in the torch light accused persons Ramgopal Yadav, Jagjeet and Rakesh assaulting the deceased by axes and sickle in the tube well room and thereafter, they went back from there. They saw accused Ramgopal taking tube well band on his shoulder. The IO took into possession the torch from witness Bal Govind and again delivered back to him. On the basis of the statement of the witnesses, on 17.8.1993, accused Ram Gopal Yadav was arrested and he gave confessional statement that with co-accused Rakesh and Jagjeet, on the time, place and date of incident, committed murder of Ramvishal. On his instance, the sickle used as weapon in the murder and a pair of pumping set band was recovered before the witnesses from the sugarcane field of Medh Singh. The sickle was blood stained and one balist and six angul long (about 12 inches), fixed in a 7 inches wooden butt and the band of pumping set was 57 feet long and on the one end thereof, an iron bolt was fixed. On 22.08.1993, the informant came and disclosed to the police that the rope which was given in his custody on 06.08.1993 belonged to accused Ram Gopal Yadav and therefore, the same was also taken into possession. The Investigating Officer prepared the site map from where the weapon used in the commission of the offence and the tube well band was recovered. He also prepared the site map where the offence was committed. The blood stained earth and plain earth were taken from the place of occurrence. The blood stained earth, piece of bed sheet, towel, sickle, underwear of the deceased were sent for chemical examination to the Forensic Science Laboratory. On the basis of statement of the witnesses, recovery of incriminatory articles on the instance of accused Ram Gopal and finding sufficient evidence against the accused persons, charge sheet was submitted by the police against them for the offence under section 302/380/411 read with section 34, IPC.