MANNI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Criminal Appeal No.2736 of 1980 has been preferred by Manni and Criminal Appeal No. 61 of 1988 has been preferred by Buddhu against the judgment and order dated 24-10-1980 of IVth Additional Sessions Judge, Kanpur by which in S.T. No. 258 of 1979 and S.T. No. 267 of 1979 were decided. By the impugned judgment and order, Buddhu has been convicted under Section 302, I.P.C. while Manni has been convicted under Section 302 read with Section 34, I.P.C. They were both sentenced to imprisonment for life.

(2.) The case of the prosecution as set forth in the F.I.R. and as unfolded in the evidence is that the appellants Manni and Buddhu are real brothers. About a month before the present incident, the wife of Buddhu had eloped with someone. Buddhu suspected that she had eloped with Jagannath and that Chhotkan alias Ram Prasad (deceased) who was his friend had helped him in enticing away his wife. The incident took place at about 12 a.m. on 4-5-1979 when the deceased Chhotkan was talking to his brother PW-1 Ram Bihari while they were sitting on a 'munderi' at the corner of their sahan. Buddhu accused armed with tabal and Manni accused armed with spear came there and Buddhu gave a blow to Chhotkan who fell down. Thereafter, he gave another blow to him on which Ram Bihari raised an alarm and tried to save him. Manni then wielded his spear upon Ram Bihari but as he moved backwards the spear did not hit him. On the alarm raised PW-2 Rajju and Kamlakant arrived on the scene of the occurrence. PW- 3 Raj Rani wife of Ram Bihari was also sitting in front of the door of the house and she also witnessed the occurrence. A written F.I.R. of the occurrence was lodged by Ram Bihari at 2 p.m. on 4-5-1979 at P.S. Ghatampur which is 5 kms. from the place of occurrence.

(3.) At the time of lodging of the F.I.R. PW- 5 Rishi Pal Singh, Station Officer was present at the police station. He immediately proceeded for the place of the occurrence along with Shanker Bux Singh, S.I. and some other police personnel. He recovered plain and blood-stained earth from the spot where the body was lying and prepared its recovery memo. Shanker Bux Singh, S.I. prepared other documents in connection with post mortem examination of the body of the deceased. The body was sealed and was sent for post-mortem examination through constable Bhanu Pratap Singh and the chowkidar of the village. After recording statements of the witnesses and completing other formalities, he submitted charge-sheet against the accused on 27-5-1979.