GURU BUX SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -Eleven persons, namely, Shamsher Singh, his sons Harbux Singh, Shiv Bux Singh, Guru Bux Singh and Gaya Bux Singh, his brother Raj Bahadur Singh, his nephews Sahdev Singh and Jaidev Singh (sons of Raj Bahadur Singh), Nem Singh, Jahan Singh and Bare Lal (party men of Shamsher Singh) were tried by Vth Additional Sessions Judge, Mainpuri in Sessions Trial No. 6 of 1981 for offences punishable under Section 148/302/149, I.P.C. Vide judgment and order dated 7.9.1981, the learned Judge acquitted Shamsher Singh, Sahdev Singh, Jahan Singh and Bare Lal but convicted and sentenced Harbux Singh, Shiv Bux Singh, Gaya Bux Singh, Raj Bahadur Singh, Jaidev Singh, Guru Bux Singh and Nem Singh, in the manner stated hereinafter : (i) Under Section 302/149, I.P.C. to imprisonment for life ; (ii) Under Section 148, I.P.C. to one year's R.I. The sentences on both the counts were directed to run concurrently.

(2.) AGGRIEVED by their convictions and sentences Guru Bux Singh, Raj Bahadur Singh and Nem Singh preferred in this Court Criminal Appeal No. 2046 of 1981 and Har Bux Singh, Shiv Bux Singh, Gaya Bux Singh and Jaidev Singh, Criminal Appeal No. 2184 of 1981. The State of U. P., however, did not prefer any appeal against the acquittal of Shamsher Singh, Sahdev Singh, Jahan Singh and Bare Lal.

(3.) THE evidence of S.I. Dhani Ram Sharma P.W. 5 shows that informant Deep Singh lodged the F.I.R. in his presence ; on the basis of the F.I.R., Head Moharrir Jagdish Prasad registered the case in the General Dairy and prepared chick F.I.R. He, thereafter, took over the investigation and interrogated Deep Singh at the police station and left for the place of the incident, which he reached at 10.10 a.m. and where he recorded the statements of Madan Pal and Vijay Bahadur. At 10.30 a.m., he performed the inquest on the corp the deceased Lakhan Singh and, thereafter, prepared photo-lash and challan-lash and sent the corpse for autopsy. He then recorded the statement of some witnesses. He next prepared site plan (Ext. Ka-7). From the place of incident, he seized plain and blood stained earth in separate containers und?r recovery memos. Next day, he went to the house of the accused persons, but could not find them. From his evidence, it appears that the remaining investigation was done by Mr. Ratish Mohan Swami. 5A. It is pertinent to mention that Ratish Mohan Swami, who conducted the remaining investigation and submitted the charge-sheet, has not been examined by the prosecution.