CHANDRA PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been filed by accused appellant Chandra Prakash from judgment and order dated 20th of Dec., 1980 passed by Is Additional Sessions Judge, Etah in Session Trial No. 722 of 1979, State Vs. Hari Om and another , convicting the accused appellant under Sec. 302 read with Sec. 34 IP( and sentencing him to imprisonment k life thereunder. Co-accused Hari Om own acquitted by the Trial Court.

(2.) Brief facts giving rise to this appeal are that at about 7.20 A.M. on 15th of Aug., 1979 Sudhir Kumar Pandey edged an FIR at police station Sidhpura Astrict Etah that early in the morning on 5th of Aug., 1979 he had gone to his Melds to see the crop, that at about 5.45 X.M. his uncle Girish Chandra in a small bullock-cart (Firak) driven by his servant opal keeping the ploughshare therein was coming to his fields; that as the bullock-cart cached near the field of Naman, Hari Om aid Chandra Prakash emerged from the Sugarcane crop and on reaching near the bullock-cart they fired at Girish Chandra vith country made pistols and immediately krish Chandra screamed and then both he miscreants fled away. Sustaining the sicrearm injuries Girish Chandra died on the pot instantaneously. He also mentioned in he FIR that the said incident was witnessed by Rajendra Pal and Nahar Singh who were going towards Etah on bicycles. re police registered a crime against the accused accordingly on the basis of the written report handed over at the police station and made entry regarding registration of the crime in the general diary (Exts. Ca-4 and Ka-7).

(3.) It appears that SI N.P. Singh who took up investigation of the case in his lands visited the scene of occurrence and lrew inquest proceedings on the dead Pody of Girish Chandra lying in the bulxk-cart. He prepared inquest report of the lead body of Girish Chandra (Ext Ka-9) and other necessary papers (Exts Ka-8 and :a-10) and handed over the dead body in a sealed cover 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-6). He also collected blood stained and simple earth torn the scene of occurrence and also from he bullock-cart and prepared their memos Ext Ka-5). He also recorded statements of he witnesses and did other necessary flings. Autopsy on the dead body of Girish Thandra conducted by Dr. P.K. Jain on 15th of Aug., 1979 at about 5.45 P.M. revealed below noted ante-mortem injuries :