BHULAN Vs. STATE OF U.P.

JUDGEMENT

(1.) The appellants Bhulan, son of Ram Lagan Lohar and Brahma Bari, son of Birju, resident of Sidhwal Bazar, Police Station Piparaich, District Gorakhpur have preferred this appeal against the judgment and order dated 3.8.1982 passed by the Vth Additional Sessions Judge, Gorakhpur in Sessions Trial No. 239 of 1982 by which the appellants were convicted and sentenced under Section 302 read with Section 34 I.P.C. to Life Imprisonment.

(2.) We have heard Sri Samit Gopal, learned counsel for the appellants, learned A.G.A. for the State of U.P. and perused the evidence on record.

(3.) Briefly stated, the prosecution story as contained in the G.D. No. 15 dated 10.9.1981 of Police Station Piparaich, District Gorakhpur, Ex. Ka-6, is that Smt. Draupadi, wife of Shyam Sunder, resident of village Sidhwal Bazar, Police Station Piparaich gave written information at about 11.30 A.M. informing the police that her son Munnu aged about 22 years died at about 4.00 A.M. due to belly ache. She carried him to the doctor but he could not be saved. The villagers asked her to inform the police before performing the last rites, therefore, the information was given to the police. The dead body of the deceased Munnu was lying at her house. This written report was written by Chandra Shekhar Pandey of her village. This application bears the endorsement of Hira Singh Pradhan of the village that after inspection, necessary action be taken because there was party fraction in the village. S.I. Sri Devi Dayal Tripathi, PW-6 visited the house of Smt. Draupadi and prepared inquest report. Ex. Ka-2 in presence of witnesses Sagar Lal, Chandra Shekhar Pandey and Hira Singh Pradhan. As per the inquest report, Ex. Ka-2, of the deceased Munnu, blood was oozing out from the nostrils and was flowing over the cheek. The inquest report Ex. Ka-2 shows that there were some injuries on the body of the deceased. There was abrasion on the right wrist and skin of the back was cut at different places. S.I. Sri Devi Dayal Tripathi thereafter prepared Photo Nash Ex. Ka-3, Challan Nash Ex. Ka-4 and letter for post-mortem examination, Ex. Ka-5, and sent the sealed dead body of Munnu for post-mortem along with papers through Constable Anil Kumar Dubey.