PARSADI Vs. STATE OF U P

JUDGEMENT

(1.) APPELLANT Parsadi has challenged the order of his conviction and sentences passed on 12 -2 -1987 by Sri S.R. Bhargava, the then Sessions Judge, Bareilly in Sessions Trial No. 89 of 1985. He has been sentenced to life imprisonment under Section 302 I.P.C. and seven years' rigorous imprisonment under Section 307 I.P.C. with a direction that both the sentences shall run concurrently. Presently, he is in jail.

(2.) THE incident took place on 26 -10 -1984 at about 2.45 p.m. near the Hospital in Bengali Colony, P.S. Shishgarh, District Bareilly. Lalji was murdered in the incident and injuries were caused to his daughter Rama Devi P.W. 2. The report was lodged by Omkar P.W. 1, an eye -witness, (son of the deceased) the same day at 4.10 p.m. The distance of the police station from the place of occurrence was about 8 kms. The deceased died in District Hospital, Bareilly.

(3.) OMKAR reached the police station and lodged the F.I.R. there at 4.10 p.m., also depositing the gun of the accused. A case was registered and investigation followed at the hands of S.I. Virendra Kumar P.W. 5. He proceeded to the spot and found both the injured lying there. Both of them were unable to give statements due to injuries. He sent them to District Hospital and recorded the statement of Omkar P.W. 1 at the spot. He inspected the site, collected blood stained and simple earth. He also recovered cycle of the accused from the spot. The statements of the witnesses Bhupal and Dwarka were also recorded. The darkness had set in. He also recorded the statements of some other witnesses. The witness Chet Ram was searched but it came to be known that he had accompanied the injured to the hospital. The accused was searched in vain. During night he stayed at village Jokhanpur and returned the police station the next morning at 7.40 a.m. He visited the District Hospital, Bareilly and came to know about the death of Lalji. The statement of Rama Devi injured was recorded. Chet Ram had accompanied the dead -bodt for post mortem. The Investigating Officer, therefore, came to mortuary and recorded the statement of Chet Ram.