MAHENDRA Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu, J. Mahendra has filed this appeal against the judgment and order of the First Additional Sessions Judge, Mainpuri, dated 17-11-1978 in S. T. No. 155 of 1978 thereby convicting him under Section 302 read with Section 301,i. P. C. to imprisonment for life and five years' R. I. under Sec tion 307,i. P. C.

(2.) TWO other accused, namely, Ram Pal and Ram Das were also named along with Mahendra in a first information report lodged by P. W. 1, Ram Bharosey at police station Kuraoli, district Mainpuri on 14-9- 1976 at about 1 a. m. This report was taken down under Sections 301/302/307,i. P. C. After investigating by the police it appears that Ram Lal and Ram Das were not prosecuted in court as no chargesheet was filed against them but only Mahendra was charge-sheeted. However, the matter relating to Mahendra proceeded in the court and a complaint was preferred by Ram Bharosey in which after taking cognizance and recording the statement of the complainant and his witnesses, Ram Lal and Ram Das were summoned. That complaint case was amalgamated with the police challani case and, therefore, all the three accused, namely, Mahendra, Ram Lal and Ram Das were tried together by the Sessions judge in the aforesaid Sessions Trial, after having been duly committed to the Court of Session by the Judicial Magistrate, Mainpuri, on 4-4-1978.

(3.) IN order to prove the prosecution case three eye-witnesses have been examined and they are P. W. 1, Ram Bharosey, P. W. 2, Km. Lakshmi and P W. 3, Matadin. All the accused in their statements denied the participa tion and attributed false implication due to enmity. The defence suggestion to the witnesses appeared to be that the occurrence had not happened at the time, manner and place as suggested in the first information report but had in fact happened due to an accidental firing by Udal himself.