MATHURA PRASAD Vs. STATE OF UP

JUDGEMENT

(1.) CHALLENGE in this appeal is the judgement and order dated 23.10.2003 passed by Additional District and Sessions Judge (Fast Track Court No.1), Pilibhit in S.T. No. 553 of 2002 (State Vs. Mathura Prasad & others) convicting and sentencing the appellants under Section 302 read with section 34 IPC for the life imprisonment with the fine of Rs.10,000/- to each of the appellants and in default of payment of fine further one year's rigorous imprisonment and under Section 307 read with section 34 IPC for ten years' R.I. with the fine of Rs.5000/- to each of the appellants and in default of payment of fine further six months additional imprisonment with further direction that both the sentences shall run concurrently.

(2.) SINCE both these appeals are connected to each other, hence they are being decided together with common judgement.

(3.) THE investigation was entrusted to S.O., P.L. Vishwakarma (P.W-9), who recorded the statement of the witnesses under Section 161 Cr.P.C., copied chik FIR and G.D. entry and thereafter reaching on the spot, performed inquest on the dead body and got inquest memo (Ex Ka-22) and other relevant documents prepared. A chiththi majrubi was prepared and the injured, Heera Lal was sent to PHC, Barkheda, Pilibhit where he was medically examined. The dead body was dispatched for autopsy purposes. Thereafter I.O. conducted spot inspection and prepared site plan (Ex Ka-10), collected blood stained earth and plain earth and recovered an empty cartridge (Ex Ka-11 and Ex Ka-12). On 16.12.2001 I.O. arrested both the appellants, Mathura Prasad and Jagdish and on their pointing out a countrymade pistol and a banka (weapons of assault) were recovered, which were exhibited as Ex Ka-13 on the day of their arrest. However, another co-accused Om Prakash was arrested on 25.12.2001 and from his pointing out a danda (Ex Ka-15) was recovered. On the basis of the alleged recovery of the weapons of assault, separate chik FIR(Ex Ka-7) was registered against appellants, Mathura Prasad and Jagdish under Section 25 Arms Act vide crime nos.431 of 2001 and 432 of 2001 respectively on the next day at about 6.10 pm and G.D. (Ex Ka-8) was prepared. S.I. Genda Lal Pawar, P.W-12 investigated the crime under Section 25 Arms Act and submitted the charge sheet (Ex Ka-30 and Ex Ka-31) against the appellants.