STATE OF U P Vs. RAM SINGH

JUDGEMENT

(1.) G. K. Mathnr, J. The State of U. P. has preferred' this appeal against the judgment and order dated 19-11-1979 passed by the Additional Sessions Judge, Aligarh, in Sessions Trial No. 177 of 1979 acquitting all the accused persons of the charges levelled against them.

(2.) THE death of Khub Singh son of Yad Ram Singh resident of village Komari, P. S. Sasni, district Aligarh, on 23rd of June, 1977, while on police custody of P. S. Sasni gave rise to the prosecution of Ram Singh, Station Officer, S. I. Chandrapal Singh and eight other police personnel of P. S. Sasni. According to the prosecution case, they had arrested Khub Singh from his house at about 9 p. m. on 22nd of June, 1977 as a suspect of Crime Case No. 148 registered on 22nd of June, at 8. 15 a. m. on the report of one Suresh Singh of village Nagla Kishore, P. S. Sasni against unknown persons for an offence punishable under Section 458, I. P. C. (Ex. Ka-14 ). THE Crime was, however, converted for the offience of dacoity punishable under Section 395, I. P. C. after the arrest of one Birbal by Illam Singh, Station Officer, at 7. 20 p. m. on 22-6-1977. Copy of the General Diary is Ex. [para-15. ]

(3.) P. W. 7 Devendra Kumar Tomar, the then Tehsildar Executive Magistrate, Aligarh, who had also reached at the police station, under the orders of the A. D. M. city started inquest on the dead body of Khub Singh at 3 p. m. and concluded it at 6. 20 p. m. It is marked as Ex. Ka-12. The District Magistrate Aligarh and the S. S. PI. Aligarh reached Police Station Sasni at 4. 40 p. m. which fact is noted in the general diary. Copy of which is Ex. Ka-20. The S. S. P. Aligarh entertained a written report of Kishan Singh (Ex. Ka-1) and ordered for the registration of the case. The case was registered at 6 p. m. as Crime No. 156 for the offence punishable under Section 302, I. P. C. Onkar Singh (P. W. 9), who was the Constable clerk, prepared a check report (Ex. Ka-24) and made the corresponding general diary entry at serial No, 24, a copy of which is marked as Ex. Ka-25. The sealed deadbody of Khub Singh along with papers was sent for post-mortem examination through Constable Dhan Pal Singh (P. W. 3 ).