BUDH SEN Vs. STATE OF U. P.

JUDGEMENT

(1.) These criminal appeals emanate from the judgment and order dtd. 10/2/2004 passed by the learned Additional District & Sessions Judge, Court No. 3, Rampur in Sessions Trial No. 624 of 1999 (State Vs. Buddhsen and others), arising out of Crime No. 93 of 1999, under Ss. 148, 302/149 IPC; Sessions Trial No. 625 of 1999 (State Vs. Veerpal) arising out of Crime No. 94 of 1999, under Sec. 25 Arms Act and Sessions Trial No. 626 of 1999 (State Vs. Janki) arising out of Crime No. 95 of 1999, under Sec. 25/4 Arms Act, Police Station Patwai District Rampur, whereby the appellants-Buddhasen, Jairam, Hori Lal, Mahipal, Janki and Veerpal, each have been convicted and sentenced under Sec. 148 IPC for six months rigorous imprisonment and Sec. 302/149 IPC for life imprisonment and fine of Rs.5,000.00; in default of payment of fine they have to undergo additional imprisonment for a period of six months. Appellants Janki and Veerpal were acquitted of the charges under Sec. 25 Arms Act.

(2.) The prosecution case in brief is that on 13/7/1999 at about 8.30 a.m., an F.I.R. was lodged at the Police Station Patwai, District Rampur by the informant Lakhan Singh, who happened to be the brother of deceased Trimal, father of deceased Sompal and uncle of deceased Jamna r/o Village Madauli, Police Station Patwai, District Rampur, by filing a written report. It was stated therein that his mango orchard was located in the south-west direction of the village. His brother Trimal, son Sompal and nephew Jamna s/o Chhiddan used to go and sleep in the orchard to keep a watch. In the intervening night of 12/13/7/1999, at about 2 A.M., first informant, his brother Chheddan, nephew Dharmpal and a resident of his village Lalman went to the orchard where they saw that the appellants Buddhasen with gandasa, Jairam with spear, Horilal and Veerpal with countrymade pistols; Mahipal & Janki with knives entered into the orchard and committed the murder of Trimal, Sompal and Jamna by causing injuries to them. The first informant and other persons identified the assailants and when they made noise, all the appellants ran away towards Kosi River. In the night owing to the fear, they did not go to lodge the F.I.R. In the morning, on the basis of the written report (Tahreer) filed by the informant, the case was registered as Crime No. 93 of 1999 under Ss. 147, 148, 149, 302 IPC. The detail of the case was entered into the G.D. at report No. 14.

(3.) The investigation of the case was handed over to the Station House Officer N.K. Solanki.