MAHESH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 26-2-1981 passed by Shri M.G. Godbole, the then Sessions Judge, Jalaun at Orai in Sessions Trial No. 153 of 1980 whereby the above named appellants have been convicted and sentenced to imprisonment for life under Section 302 read with Section 34 I.P.C.

(2.) Prosecution story, in brief, is that in the evening hours of 11-8-1980, Chhadami, P.W. 1, father of deceased, was sitting on the chabutra of his house. His cousin Hari Singh, P.W. 2, Gopal, P.W.3 and Ram Swaroop were also present there. They all were talking with each other. At about 7.30 p.m. Jalim Singh, Chhadami's son went out of the house to purchase Biri, shortly thereafter Chhadami and other witnesses heard cries of Jalim Singh coming from the side of Khandhar (dilapidated house) of Khannaji, which was situated in the east of the house of the complainant at a far distance. Chhadami and the above named witnesses rushed towards that side and saw that all the three appellants armed with knives were assaulting Jalim Singh on the road near the Khandhar of Khannaji. On being challenged, the assailants fled away with their respective weapons. Jalim Singh, who was then bleeding, was immediately carried to Hospital Kalpi. Dr. L.r. Qureshi, P.W. 7 the medical officer posted in civil hospital Kalpi, examined Jalim Singh at 8.05 p.m. and found that injured was in a gasping condition. Before any medical aid could be given Jalim Singh expired at 8.15 p.m. The information of his death was sent to police through memo Ex. Ka 5. The motive behind the murder is said to be that 8 - 10 days before the present occurrence Jalim Singh had objected to the accused persons gambling at the temple near his house and had driven them away. Accused persons then threatened Jalim Singh with dire consequences.

(3.) The written report Ex. Ka 1, which Chhadami got scribed by Rajendra Singh Yadava, was lodged at police station Kalpi on the same night at 21.05. Head Constable Ram Asrey P.W. 5 prepared chik F.I.R. and registered the case in the general diary. Station Officer, P.W.8 Shri Dhruv Lal Yadava was present at the time of registration of case. He took up investigation and recorded the statements of first informant and Hari Singh. He then proceeded to the hospital alongwith S.I. Sohan Lal who held inquest under his order and prepared inquest report and other papers. Inquest proceedings were concluded at 11 p.m. and dead body under seal alongwith necessary papers was sent to mortuary. The investigating officer in the morning proceeded for the place of occurrence which was situated at a distance of about 2 km. only from the police station. On reaching the spot, he collected samples of blood stained and plain earth through memo Ex. Ka 7 and prepared site plan, Ex. Ka 8. During investigation he also recorded the statements of Hari Singh, Gopal and others and interrogated accused persons on 2-9-1980. On completion of investigation, charge sheet Ex. Ka 13 was submitted against all the three nominated accused persons.