AHAT RAM Vs. STATE

JUDGEMENT

(1.) AS both these appeals pertain to one and the same occurrence and arise out of a common judgment, they are taken up together for disposal.

(2.) ALL the three appellants have filed their respective appeals against the judgment and order dated 1 -5 -1980, passed by IV Additional Sessions Judge, Muzaffarnagar in Sessions Trial No. 213 of 1979, State v. Abbul Hasan and two others. By virtue of the said judgment, the three accused appellants, namely, Abbul Hasan, Ahat Ram and Nasim were convicted for an offence under Section 302/34 IPC and sentenced to imprisonment for life. They were alleged to have eliminated one Om Prakash, son of Mangal Das, resident of village Khampur, P.S. Nai Mandi, District Muzaffarnagar. The accused appellants also belong to the same village.

(3.) ON the basis of the written report of Atar Singh, chik F.I.R. was drawn at P.S. Nai Mandi, Muzaffarnagar and its entry was made in the G.D. The Station Officer S.I. Virendra Singh nominated himself as the Investigating Officer and after examining the informant, he proceeded towards the place of occurrence. While leaving the police station, he instructed S.J. Jagram Singh to go to the hospital and prepare the inquest report. He inspected the site of occurrence on the same evening and next morning i.e. on 25 -12 -1978 searched for the accused. He recovered a Balkati, Material Ext. 1 from the Ghar (an accommodation used in villages for tathering cattle and living of malefolk) of accused Abbul Hasan and Ahat Ram and prepared its recovery memo Ext. Ka 12. He then recorded the statement of Jagdish, Inder and Atar Singh and prepared site -plan Ext. Ka 13. He collected ordinary and blood -soaked earth from the site where the occurrence had taken place and prepared memo Ext. Ka 14. Also, he had collected a sickle from the place of occurrence and prepared its memo Ext. Ka 17. The Investigating Officer was transferred from Nai Mandi police station on January 1, 1979, in consequence whereof the investigation of this case was entrusted to S.I. Hariraj Singh Tyagi,who completed the remaining formalities of the investigation and submitted charge -sheet Ext. Ka 18.