GOWARDHAN Vs. STATE OF U P

JUDGEMENT

(1.) Appellants Rajesh Pal and Baljit have been convicted and sentenced under Sections 302/149 and 148 I.P.C. to life imprisonment and two years Rigorous Imprisonment respectively. Appellants Gowardhan, Arun Pal and Ram Veer have been convicted and sentenced under Sections 302/149 and 147, I.P.C. to life imprisonment and one year Rigorous Imprisonment respectively by Sri N.S. Shamshery, the then learned Sessions Judge on 27-51985.

(2.) According to the prosecution murder of Risal Singh, husband of Kabuli, resident of village Niloha, P.S. Mawana, District Meerut, had taken place at about mid-night in between 19/20-6-78, when he was sleeping in his house. F.I.R. of the occurrence was recorded at the police station on 20-6-1978 at 1-30 A.M. on the basis of information on telephone given by Balle Chaukidar of the village. Name of the assailants were not given at that time. After registration of the case investigating officer had arrived and then Kabuli (P.W. 3) (P.W. 1) preetam and (P.W.2) Balbir gave the names of these appellants as among the assailants whom they had seen in the moon-light. Smt. Kabuli had also given a written application addressed to the S.S.P. Meerut to the Investigating officer and subsequently she also filed a complaint and it is on the basis of the complaint that the case was committed probably because a final report was submitted in the case by the police. At the trial the appellants pleaded not guilty and claimed to have been falsely implicated. To prove its case, the prosecution examined three eye-witnesses, namely Pritam (P.W.1), Smt. Balbiri (P.W.2) wife of Pritam and Smt. Kabuli (P.W. 3.) wife of Risal deceased), Pritam (P.W.1) did not support the prosecution case, hence he was treated as hostile. P.W.4 constable had accompanied the Investigating Office and taken the dead-body for post-mortem. P.W.5 Head Constable Tejpal had received telephone from the Chaukidar Balle, recorded the F.I.R. and registered the case. P.W.6 S.I. Vijai Singh Yadava had conducted the investigation of the, case. From his cross-examination in paragraph 9 of his testimony it appears that the F.I.R. in the case was submitted by the Station Officer, who was then posted at the police station.

(3.) Post-mortem of the deceased was conducted by Dr. A.K. Wadhwa on 20-6-1978 at 3-15 P.M. and he noted the following ante-mortem injuries.