DURJA Vs. STATE OF UP

JUDGEMENT

(1.) This is a criminal appeal against the judgment and order dated 7/3/1981 passed by Sri J.P. Sharma the then I Additional Sessions Judge, Banda in S.T. No. 169 of 1980, State v. Durja and others convicting the appellants under Sections 302, 149, 147, 201/149 and 148 I.P.C. and sentencing each of the appellants to undergo imprisonment for life one year and 3 years rigorous imprisonment respectively. All the sentences were to run concurrently. The trial judge did not award the appellants any sentence under Section 148 I.P.C.

(2.) Facts giving rise to the appeal are that on 6/3/1980 informant Jageshwar lodged a written report at the Police Station with the allegations that his mother Parvati had started living with Mahadeo resident of Village Nimaur Har, District Banda as his wife since about 10-12 years. Five years from the mcident, appellants Durja, Deshraj, Dhanraj and Deoraj had set the house of Mahadeo on fire and a case was pending in the court. Later these appellants were acquitted. Mahadeo then filed an appeal before the High Court, Allahabad. On 5/3/1980 a Panchayat was called with a view to end the enmity between the parties. It was agreed in the Panchayat that both the parties will live amicably in future and Mahadeo agreed to withdraw his appeal. At about 12.00 noon Mahadeo started for the field of Sahid Baba to cut Arhar crop. Appellants Durja, Deshraj, Dhanraj, Deoraj and Ramsiya also accompanied him. When Mahadeo did not return to house even after sun set the informant alongwith (Nemkaee) and Bhaiyadin came to village Nirmaur in search of him but it yielded no result. They then tried to search the appellants but they were not available at their house. The next morning, that is on 6/3/1980, the informant accompanied by others went to the Jangal again in search of Mahadeo. They found blood in the field of Tehri and when they went to the north of this field where they found the dead body of Mahadeo buried under the earth in the NaIIah. It carries only rain water. In the report he suspected that the appellants had caused the death of Mahadeo and had buried his dead body here in the nallah. On the basis of this report the chik F.I.R. Ext. Ka-3 was drawn at the Police Station on 6/3/1980 at 5.00 p.m. and a case was registered against unknown persons though the suspicion was expressed upon the appellants.

(3.) Rajpal Singh Chauhan (P.W.7) took up the investigation. He came to the place of occurrence the same day. He recorded the statement of the informant there. He then got the dead body taken out from the Nala and prepared inquest report Ext. Ka-4 and other connected papers Ext. Ka 5 and Ext. Ka 6. After getting the dead body sealed he des-patched the same through Constable Ramesh Singh for post mortem. He took one pair of shoes from the place of occur-rence in his custody alongwith blood stained shirt and one Bushirt and sealed them vide memo Ext. Ka-7. He also recovered blood stained that plain earth and sealed them in separate containers vide memo Ext. Ka-8. He recorded the statements of the witnesses on 7/3/1980. The site was inspected and site plan Ext. Ka-9 was also drawn by him. After completing the investigation charge-sheet Ext. Ka-10 against the accused was submitted.