LAWS(ALL)-2023-3-47

DHARAMVIR Vs. STATE OF U.P.

Decided On March 16, 2023
DHARAMVIR Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) A First Information Report was lodged by one Rampal on 24/5/1995 stating that the accused had gone to the house of Vidyasagar and had searched for him and thereafter one of them had hit him by a sword which had resulted in such an injury that Vidyasagar could not stand. The first informant resultantly had gone out to search for a vehicle to carry Vidyasagar to get medical aid. In the First Information Report, it was stated that Rampal along with Ramdayal had gone to Sherpur where the first informant and Ramdayal (Vidyasagar's brother-in-law (behnoi)) had met the Gram Pradhan and Ramavtar Kurmi and they had narrated to them about the incident.

(2.) The further case of the First Informant is that when the first informant and Ramdayal could not get any vehicle they went back to the house of Vidyasagar where it was found that he had died and, therefore, they approached the Police Station Katra, Sahjahanpur, to lodge a First Information Report. A chik FIR was prepared and handed over to the first informant. The police visited the spot and recovered the blood stained earth and plain earth. The police also recovered the cot on which Vidyasagar was sitting.

(3.) The police also prepared a spot map. Thereafter, a Panchayatnama was prepared and the body was sent for post mortem.