SATYA DEO Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two connected Criminal Appeals arise out of the judgment dated 25/11/1978 passed by III. AddI. District & Sessions Judge, Allahabad in Sessions Trial No. 519 of 1976 whereby appellants Satyadeo, Ram Lochan, Dilip Kumar, Bansi Lal Pandey and Basudeo Pandey were convicted under Section 302/149 I.P.C and sentenced to imprisonment for life. The appellants Satyadeo, Ram Lochan and Dilip Kumar were convicted under Section -147 I.P.C. and sentenced to 12 months R.I. Appellants Basudeo and Banarasi Lal Pandey were convicted under Section - 148 I.P.C. and sentenced to 18 months R.I. All the sentences were directed to run concurrently.

(2.) An incident is said to have happened at about 12 Noon on 22/9/1976 near about the paddy-field of Chandramal Surajmal, a little east to the village abadi in village Charwa lying within the police station Puramufti. An F.I.R. has been lodged at police-out post Charwa at 12.45 P.M. by Sharda Prasad. It was alleged in the F.I.R. that Nohar Prasad, father of Sharda Prasad accompanied by the informant Ashwani Kumar, Hira Lal, Uma Shanker and Smt. Shanti Devi and a few others werereturning home after having taken some wood on his head. When he had reached the paddy field it was found that Basudeo Pandey started hurling abuses. This was objected to by the witnesses whereupon Basudeo Pandey abused them also. At this stage it is said that Satyadeo, Ram Lochan and Dilip Kumar exhorted others to kill Nohar Prasad. Basudeo appellant is said to have inflicted a Pharsa blow on the neck of Nohar Prasad who fell-down whereupon Banarasi Lal accused gave another Pharsa blow as a result of which Nohar Prasad died on the spot. P.W.4 Mohd. Mastafa was the Head-Moharrir at police station Puramufti. He registered the case under Sections - 147/148/302/149 IPC. at serial No. 21 at 15.15 P.M. in the general diary on 22/9/1976. He forwarded a special report at 4.45 P.M. P.W. 5 S.I. Jagvir Singh was present at the police-station who took up the investigation at once and reached the place of occurrence at 4.45. P.M., After appointing Panches he prepared the inquest report Ext. Ka. 12. He prepared the necessary documents and the challan of the dead body. He took into possession stained and plain earth of the occurrence and also found a bundle of wood near the dead-body. Thereafter investigation was entrusted to P.W. 8 Daya Ram Dwivedi. He recorded the statements of the eyewitnesses, prepared the site plan and ultimately submitted a charge-sheet against the appellants.

(3.) During the trial the appellants denied their participation and attributed false implication due to long standing enmity. Neither they produced any evidence nor any document. The prosecution has examined two eye-witnesses, P.W. 1 Sharda Prasad, informant, and P.W.6 Ashwani Kumar Pandey who were allegedly accompanying the deceased. Placing implicit reliance upon the testimony of these two witnesses, the learned trial Judge has recorded the conviction and sentences noted above. Aggrieved against the said judgment the appellants have preferred these two appeals.