DEVI PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) - This criminal appeal is directed against the judgment and order dated 30.7.81, by which the learned IIIrd Addl. Sessions Judge, Barabanki convicted these 8 appellants under Sec. 302/149, 396 and 307/149 of Indian Penal Code and sentenced each of them to imprisonment for life on the first two counts and 3 years RI on third count and by which appellants Karunesh, Arun Kumar and Satya Narain were further convicted and sentenced to 2 years, RI under Sec. 148 and rest for one year's RI under Sec. 147 of IPC.

(2.) The occurrence of this case is said to have taken place in wee hours of 25.9.77, in which about 13 or 14 culprits are said to have killed Rameshwar Prasad, his son Umakant and injured Ram Kumar and to have also looted the house of Rameshwar Prasad. In FIR lodged on 25.9.77 at about 8.30 a.m. by Smt. Rampati (PW.2), wife of deceased Rameshwar Prasad, it was alleged that she and others were able to identify the present eight appellants and one Poley (died before the trial took place). while committing murder of her husband and son and while looting the ornaments and other articles of the house. She claimed that a lantern was burning inside the verandah, were Rameshwar Prasad and she were sleeping. According to the prosecution case, the culprits sneaked into the house by house-breaking from the side of the house of appellant Devi Prasad. It was said that accused Arun Kumar, Karunesh, Dilip Kumar and Satya Narain used fire arms.

(3.) The Investigating officer prepared the inquest reports of the two dead-bodies on 25.9.77 and sent the same for post-mortem examination, which could be done, on 26.9.77 in the after-noon. In the opinion of the doctor, death was due to shock and hemorrhage resulting from ante-mortem injuries. Ram Kumar was medically examined on 25.9.77 and some fire-arm wounds were found on his person. After usual investigation a police report was submitted against 9 named accused. Before the trial could take place accused Poley died.