MARACHHU Vs. STATE

JUDGEMENT

(1.) MARACHHU, Juthan, Roopa, Kavindra and Ramayan, appellants have come up in appeal against the judgment and order passed by the learned Sessions Judge Ghazipur convicting each of them under section 148 IPC and of two offences under section 302/149 IPC and sentencing them to one year's rigorous imprisonment on the first count and to imprisonment for life on each of the other two counts. All the sentences of the appellants were ordered to run concurrently.

(2.) IN this case two persons namely, Hari Ram and Rajendra have been murdered. Ramayan, appellant is the son of Musafir first cousin of Hari Ram, deceased. According to the prosecution the other four appellants belong to the group (Ghol) of Ramayan.

(3.) SMT. Samdeiya (PW 1) wife: of Hari Ram, deceased, lodged a report about this occurrence at police station Shadiabad, District Ghazipur which was at a distance of three miles from village Manihari where this occurrence took place at 5.30 a. m. the next morning. This report was lodged in the presence of the Investigating Officer' Sri Surya Bali Singh, Sub Inspector (PW 12). He recorded the statement of the informant at the police station and then proceeded to the spot. He found the body of Hari Ram, deceased lying in the courtyard and the body of Rajendra, deceased inside the room. He prepared the inquest reports of the two bodies and sent them for post mortem examination. The post mortem examination on the two bodies were performed by Dr. P. C. Tiwari (PW 4) on 22-5-1980 at 2 p. m. and 3 p. m. The doctor found the following injuries on the bodies : Injuries on the body of Hari Ram :