BHAGWAT Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellants against the judgment and order of sentence dtd. 30/3/1984 passed by Sri Khem Singh, the then 6th Additional Sessions Judge, Azamgarh in Sessions Trial No. 72 of 1980 (State Vs. Bhagwat and Ors.) arising out of Case Crime No. 910/79 under Ss. 302/34 IPC, Police Station Kotwali District Azamgarh whereby appellants-accused Bhagwat, Sahab, Lalloo, and Kamta were convicted under Sec. 302 read with Sec. 34 of IPC and sentenced to undergo life imprisonment.

(2.) Facts giving rise to the prosecution case are that Phool Chand submitted a written report (Ex- Ka 1) to Inspector Kotwali, District Azamgarh on 28/10/1979, wherein it was stated that he along with his son Kunwar Bharat was sleeping in the Verandah adjacent to his ''Baithak' on 27/10/1979. At around 12:00 midnight, 10 to 15 persons came suddenly from the western lane flashing their torches. He heard the sounds "Yahi-Yahi". He identified the accused Bhagwat, Sahab, Lallu, and Kamta among them. Apprehending danger, he ran towards his house. His son rushed towards his other house situated on the eastern side of his Baithak. Later, he also rushed toward the direction where his son had gone. He had a ''danda' in his hand He shouted while approaching his son. He heard three sounds and later found that his son had died. His wife and sister-in-law (''Bhabhi') had already come out. When he reached, he found that his wife was crying and saying that Bhagwat had killed her son with a bomb. At that time, his bhabhi Chandradeiya, his wife Jagpatiya, and Hardev were present on the spot.

(3.) On the basis of the aforesaid written report (Ex Ka - 1), the first information report (Ex Ka 3) was registered with Police Station Kotwali, Azamgarh as Case Crime No. 910 of 1979 naming the appellants as accused persons. The investigation was entrusted to Sub Inspector Bal Karan Singh, who started the investigation and prepared the inquest report (Ex C-1) of the dead body of the deceased Kunwar Bharat and sent it for post-mortem along with relevant documents. He recorded the statements of the witnesses and prepared the site plan (Ex. C-6 ) and other documents. The accused-appellants were arrested during the investigation. After the conclusion of the investigation, a charge sheet came to be filed against appellants under Sec. 302 /34 of IPC.