UDAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal from judgment and order dated 21st of January, 1981 passed by Vth Additional Sessions Judge, Etah in Sessions Trial No. 397 of 1979, State v. Udaivir Singh & others, convicting the accused under Section 148 IPC and Section 302 read with Section 149 IPC and sentencing each of them to three years' rigorous imprisonment and imprisonment for life respectively thereunder.

(2.) BRIEF facts giving rise to this appeal are that in the forenoon of 5th of June, 1974 Lekhraj, father of Ajay Pal was grazing his cattle in the lake near the field of one Murari as there was vegetative growth in the lake and no water. At that time Ajay Pal was scraping grass in the field of Lallu abutting the field of Murari Lal and Ram Chandra, Neksu. Chandra Pal and Sukh Ram were also cutting grass in the vicinity. At about 10.00 a.m. that very forenoon Udaivir Singh, Puttu and Hamir Singh armed with guns alongwith Dharam Pal and Udal with countrymade pistols and Bhikam and one another with lathis reached there and vituperated Lekhraj telling that he used to do 'pairvi' in the cases and now they would see him. Then Lekhraj screamed and hearing his squawk Ajay Pal, Chandra Pal, Sukh Ram, Ram Chandra and Neksu rushed to the field of Murari Lal and then the assailants threatened them that if they tried to come forward they would be shot dead. Immediately Hamir Singh, Udal, Puttu and Udaivir fired at Lekhraj and sustaining the fatal injuries Lekhraj died on the spot instantaneously. Them all the assailants fled away and succeeded in making their escape good.

(3.) STATION Officer K.N. Shukla who had gone to village Patna in connection with the investigation of crime No. 122 learnt about the said incident in that very village and sent constable Het Ram for security of the dead body. On receiving the papers regarding the said murder from the police station. Station Officer K.N. Shukla proceeded to the place of occurrence and found the dead body of Lekhraj kept on a cot near the persian wheel of Hira Lal in the barn. Then he drew inquest proceedings on the dead body of Lekhraj and prepared the inquest report (Ext ka 5) and other necessary papers (Exts ka 6 and ka 7) and handed over the dead body in a sealed cover with necessary papers to the police officials for being taken for its post -mortem. Then he inspected the place of occurrence and prepared its site plan map (Ext ka 9). He also collected blood stained and simple earth from the place of occurrence and also picked up an empty cartridge lying there and prepared their memos (Exts ka 10 and ka 11). He also recorded statements of the witnesses and did other necessary things.