KHEDARU YADAVA Vs. STATE OF U P

JUDGEMENT

(1.) U. S. Tripathi, J. This appeal has been directed against the judgment and order dated 2-12-1981 passed by 3rd Additional Sessions, Ghazipur in Sessions Trial No. 281 of 1980 convicting appellants Khedaru Yadav and Kalpnath Yadav under Section 302 read with Section 149 I. P. C. , 147 I. P. C. and 379 I. P. C. and sentencing each of them to under imprisonment for life under Section 302 read with Section 149 I. P. C. , 6 months R. I. under 147 I. P. C. and 6 months R. I. under Section 379 I. P. C. All the sentences were ordered to run concurrently.

(2.) THE prosecution story, briefly stated, was as under: Badri Prasad Sonkar deceased was son of Vishwanath (P. W. 1) and original resident of village Takhania, P. S. Saidpur, District Ghazipur. He had enmity with Khedaru appellant who was resident of village Sharikpur, P. S. Saidpur, District Ghazipur. Badri Prasad deceased was a Constable in Police Department and was posted at Varanasi. On 27-12-1979 Badri Prasad deceased after performing his duties was purchasing vegetables at Mohalla Pandeypur Varanasi City. A son of Khedaru appellant met him at Mohalla Pandeypur and told him that his father had met with an accident and asked him to go and return after one hour. On the above information Badri Prasad deceased boarded a bus and got down at Saidpur Bus Station. THEreafter, he was going to his native place on foot. When he reached near boundary wall of the grove of Ramji, appellants Khedaru, his son Kalpnath alongwith two three unknown persons met him there, started causing lathi injuries on him and after causing injuries they snatched away his Seiko wrist watch. THE deceased was lying in injured condition. Babu Lal (PW 2) was going to his house from Saidpur. When he reached near the grove of Ramji Pandey, he heard groaning voice and proceeded towards that side. Ramdhani and Ramdharik were also with him. When he reached near boundary wall of the grove of Ramji Pandey, he saw Badri Prasad deceased lying in injured condition and there were injuries on his head and leg. Badri Prasad belonged to his village. Babu Lal sent Ramdhani to the house of deceased to call his father and mother, and with the help of other persons took Badri Prasad deceased to the Hospital at Saidpur where he was medically examined by Dr. S. P. Singh (PW 7) at 8. 05 p. m. who noted his injuries in accident register. THE doctor sent information to the police of P. S. Saidpur and referred the patient to the District Hospital, Ghazipur. THE memo of the hospital was received at P. S. Saidpur at 10. 15 p. m. the endorsement of which was made at GD report Ext. Ka-5 by Head Constable Dhanush Dhari Singh (PW 6 ). On getting information Shri A. S. Jafri (PW 9) the then Sub- Inspector of P. S. Saidpur reached the Primary Health Centre Saidpur alongwith Constable Ganga Sagar, where he interrogated Dr. S. P. Singh (PW 7 ). He was informed by the hospital authorities that the patient has been referred to District Hospital, Ghazipur. He went to Ghazipur Hospital, but the deceased was not there. Babu Lal (P. W. 2) instead of taking the deceased to Ghazipur took him to Sri Shiv Prasad Gupta Hospital, Varanasi. He was admitted there. In Shiv Prasad Gupta Hospital, Varanasi, Vishwanath (P. W. 1) father of deceased came and deceased made dying declaration before him. Dying declaration (Ext. Ka-24) of the deceased was also recorded on 28-12-1979 at 9. 55 a. m. by Shri Ravindra Pathak (P. W. 10), the then Additional City Magistrate, Varanasi. In his above dying declaration the deceased named Khedaru, his 2-3 sons and 2-3 unknown persons as assailants. Subsequently Badri Prasad deceased succumbed to his injuries in the Hospital on 28-12-1979 at 12. 45 p. m. Information regarding death of deceased was sent to police of P. S. Kotwali, Varanasi. On getting the above information at 1. 40 p. m. Sub-Inspector Shiv Shankar Rai (P. W. 8) reached SSPG Hospital and conducted inquest of the dead body of deceased and prepared inquest report Ext. Ka-13 and other relevant papers. He sealed the dead body and sent it for post mortem.

(3.) SHRI A. S. Jafri I. O. (P. W. 9) visited the place of occurrence on 29-12-1979 and interrogated Babu Lal (PW 2) and others. He inspected the place of occurrence and prepared site plan Ext. Ka-8. On 30-12- 1979 he interrogated Vishwanath (PW 1 ). He searched the appellants and other accused, but they were not traceable and processes under Section 82/83 Cr. P. C. were executed against them. Thereafter investigation was conducted by SHRI Raj Narain Misra (PW 5), who completed the remaining investigation and submitted charge sheet against appellants Khedaru and Kalp Nath on 18-3-1980.