HEERA LAL Vs. STATE OF U P

JUDGEMENT

(1.) THESE appeals have been preferred against the impugned judgment and order dated 17.11.2003, passed by the learned Additional Sessions Judge/ Fast Track Court No. 32, Barabanki, in Sessions Trial No. 301 of 2001, State v. Heera Lal and others, whereby, he convicted the accused Heera Lal, Jannu, Girdhari, Banwari and Harinam, under Sections 147, 148 and 302 read with Section 149 I.P.C., and sentenced to undergo rigorous imprisonment for one year under Section 147 I.P.C., rigorous imprisonment for two years under Section 148 I.P.C. and to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- under Section 302 read with Section 149 I.P.C., and in default of payment of fine, further undergo three months additional imprisonment. All the sentences were directed to run concurrently. It was further directed that half of the total amount of fine deposited by the accused shall be paid to the legal representatives of the deceased as compensation.

(2.) SINCE both these appeals have arisen out from the common judgment, they are being disposed of together.

(3.) THE Investigating Officer recovered the sample and blood stained soil from the place of occurrence and prepared recovery memo in the presence of witnesses. He also recovered a pair of Chappal of the deceased from the place of occurrence and prepared recovery memo in the presence of witnesses. THE recovered articles were sealed at the spot separately. He recorded the statements of the eye-witnesses, namely, Yugul Kishore, Ram Autar, Chandra Shekhar, Ram Sagar and Ram Jiyawan at the spot. He inspected the place of occurrence at the instance of the informant and prepared the site plan.