PACHRANGI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been filed by Pachrangi, Sinder Singh and Chandra Prakash against their conviction u/S.302/34, IPC and sentence of imprisonment for life as awarded by II Addl. Sess. Judge Shahjahanpur on 16-1-1979 in Sessions Trial No. 351 of 1978.

(2.) An incident is said to have happened at about 10 p.m. on 21-8-1977 in the precincts of the Railway Station Maigalganj, District Shahjahanpur. Ram Kumar, P.W.3, was employed in the said Railway Station and P.W. 2, Salig Ram had come to see him. They were on a charpai. At the station platform, four other travellers were asleep, one of whom was sleeping on the cement bench. Three appellants reached there when appellant Pachrangi fired at the person who was sleeping on the Bench from his tamancha (country made pistol), appellant Sinder Singh delivered blows with a Hatta (Iron rod) and appellant Chandra Prakash beat him with his hands after catching hold of him. Alarm was raised by Salig Ram and Ram Kumar who also flashed their torches. Electric light was also available. The appellants were known to them from before. A chase was given. Constable Chhatrapal Singh and another constable were coming from opposite direction and all the three appellants were ultimately arrested then and there. Pachrangi was found in possession of a Katta from within which an empty cartridge was found. Sinder Singh was carrying the iron-rod. The appellants and the recovered articles were taken to the police station Maigalganj where Ram Karan Singh P.W. 7, prepared memos in respect of the recovered articles. The blood-stained Kurta of appellant pachrangi was also taken into possession. Salig Ram lodged a FIR on the basis of which a case was registered in the general diary Ext. Ka 14. The case was sent to the police station G.R.P. Shahjahanpur where S.O. Bhim Singh, P.W. 5, took up the investigation as he was station officer G.R.P. then. Uma Shankar, P.W. 1, constable made the necessary entries in the general diary. Postmortem examination was performed by Dr. K.A. Abbas, P.W. 6 on 23-8-1977 who found the following injuries on the person of the deceased:

(3.) The deceased was, however an unknown Muslim man whose whereabouts could not be ascertained. After completing the investigation, charge sheet was filed against the appellants. It may be mentioned here that the sealed packets containing the clothes, pellets, tickiles and earth, relating to the case, were kept in packet, as is proved by the statement of Head constable Raghunath Singh, P.W. 8 and Head Moarrir Pratap Narain, P.W. 9. The chemical Examiner opined in his reports Exts. Ka-15 and Ka-16 that human blood was found on the iron rod, the shirt and the earth.