RAJ KUMAR Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 22.12.1989, passed by the Ist Additional Sessions Judge, Hardoi in S.T. No. 146 of 1989. The accused appellants have been convicted to six years rigorous imprisonment under Section 307/34, I.P.C.

(2.) ON the date of listing, nobody appeared from the side of the accused appellants. Earlier accused had engaged Shri B. Saloman, advocate. ON the death of Shri B. Saloman, it was thought proper to serve a notice on the appellants afresh so that they may engage any counsel. Notices were served as per the report of the C.J.M., Hardoi. Nobody appeared from the side of the appellants in spite of the service of notice. I heard learned Government Advocate.

(3.) A case under Sections 324, 323, 504 and 506, I.P.C. was registered. The investigation was entrusted to S.I. R. P. Pal. He recorded the statement of complainant on 5.11.1988 and then inspected the spot and prepared its site plan. He recovered blood stained and plain earth from the place of occurrence and prepared its memo. He recorded the statement of other witnesses and the case was converted under Section 326, I.P.C. on the receipt of the injury report and the X-ray report. Subsequently, it was altered under Section 307, I.P.C. on the orders of the higher authorities and the investigation was handed over to the S.I. Tula Ram Pandey who after completing investigation, submitted charge-sheet against the accused persons.