GAUTAM Vs. STATE OF U P

JUDGEMENT

(1.) VISHNU Sahai, J. Six persons namely, Gautam, Onkar, Ramchandra, Ram Adhare, Ghurpatri and Harihar were charged by the IV Additional Sessions Judge, Basti, in Sessions' Trial No. 400 of 1978, for the offence punishable under Section 323 read with 149 I. P. C. In addition: Gautam was charged for the offence punishable under Sections 302 I. P. C. and 148 I. P. C. and Onkar, Ramchandra, Ram Adhare, Ghurpatri and Harihar for that punishable under Sections 302 read with 149 I. P. C. and 147 I. P. C. Vide judgment and order dated 21-12-1981, the learned Judge convicted and sentenced them in the manner stated hereinafter: Gautam: (i) Under Section 302 I. P. C. to imprisonment for life; (ii) Under Section 323 I. P. C. read with 149 I. P. C. to six months' R. I. ; and (iii) Under Section 148 I. P. C. to six months' R. I. Onkar, Ram Chandra, Ram Adhare, Ghurpatri Pandey and Harihar: (i) Under Section 302 I. P. C. read with 149 I. P. C. to imprisonment for life; (ii) Under Section 323/149 I. P. C. to six months' R. I. ; and (iii) Under Section 147 I. P. C. to undergo six months' R. I. The sentences of the aforesaid six persons on all the counts were directed to run concurrently.

(2.) AGGRIEVED by their convictions and sentences Gautam, Onkar, Ramchandra, Ram Adhare, Ghurpatri Pandey and Harihar have preferred the present appeal.

(3.) THE evidence of S. O. Ram Sajiwan Shukla P. W. 6 further shows : After the F. I. R. was lodged, he recorded the statements of Mahendra Nath Pandey and Pramatma at the Police Station itself and sent them for medical examination. At about 5 p. m. , he left for the place of incident. He seized the corpse of the deceased and performed the inquest on it and prepared photo-lash and challan-lash etc. He prepared the site-plan (Ext. Ka 14 ). From the place of the incident he seized plain and blood stained earth and pieces of bricks under recovery memos. In front of the house of Badri he found a stack of harvested wheat. He searched for the appellants, but they could not be found. THE same day, he recorded the statement of the informant. After his transfer, the investigation was taken over by S. I. Ram Achhibar Mishra, who after its completion submitted the charge-sheet against the appellants.