ASHOK KUMAR SINGH Vs. STATE

JUDGEMENT

(1.) - Appellants Ashok Kumar Singh A-1, Pratap Singh A-2 both real sibling brothers being sons of Ram Bahadur Singh, Chotkoo Singh A-3, Bharat Singh A-4 both sons of Deep Narain Singh and Lalloo Singh @ Gajendra Singh A-5, have filed the instant appeal against the impugned judgment and order dated 31.7.1982 passed by 1st Additional Session's Judge, Basti in S.T. No. 40 of 1979, State v. Ashok Kumar Singh and others, relating to police station Uska, district Basti. Trial Judge has convicted appellants A-1 and A-2 under section 148 IPC and has imposed sentence of three years R.I. for the said charge. A-1 has been further convicted under section 324 IPC and was imposed sentence of 3 years R.I. for that offence. Rest all the appellants were convicted under section 324/149 IPC and were sentenced to three years R.I. for that offence. Three of the appellants A-3, A-4 and A-5 were convicted under sections 323 and 147 IPC and were sentenced to one year and two years R.I., respectively for those offences. Trial Judge had directed all the sentences to run concurrently. It is this conviction and sentence, which is under challenge in the instant appeal.

(2.) PENDING final disposal of the appeal one of the appellant Pratap Singh A-2 expired and, vide order ? dated 29.1.2010, his appeal has been abated. This has now left this Court to consider the appeal of rest of the four appellants A-1, A-3, A-4 and A-5.

(3.) NURUL Ain P.W.4 had also investigated the offences. He had interrogated the informant at the police station and thereafter, reaching at the spot, in the light of the petromax, had. seized the dead body and had conduced inquest on it from 8:35 to 10:15 p.m. and had prepared inquest memo and other relevant documents, which he had proved as Exts. Ka-9 to Ka-14. Following day I.O. interrogated witnesses Kalloo, Garib, conducted spot inspection and prepared site plan map Exts. Ka-16. He also collected blood stained and plain earth from the incident scene. All these documents have been proved by him as Exts. Ka-15 and Ka-16. Blood stained apparels of the deceased and soil are material Exts. 1, 2 and 3, were also seized by the I.O. P.W.4. Concluding investigation had charge-sheeted the accused vide Exts. Ka-17 on 10.10.1978.