RAJJAN Vs. STATE OF U. P.

JUDGEMENT

(1.) As these appeals arise out of judgment and order of conviction and sentence dtd. 19/11/2011 passed by the Additional Sessions Judge (Ex Cadre), Court No. 23, Allahabad in Sessions Trial No. 18 of 2001 (State Vs. Kallu and others) arising out of Crime No. 88 of 1999 Police Station- Lalapur, District- Allahabad, convicting accused-appellants Kallu, Sushil and Rajjan and sentencing each of them under Sec. 302 read with Sec. 34 of IPC to undergo imprisonment for life and a fine of Rs.10,000.00 with default stipulation, they are being disposed of by this common order.

(2.) According to prosecution case, informant, Nankau, son of Chhedi Lal Mishra, resident of Othagitarhaar, Police Station- Lalapur, District- Allahabad, submitted written report (Ext.Ka.1) on 7/11/1999 in Police Station- Lalapur, stating that on 7/11/1999 at 11.00 a.m., accused-appellants Kallu, Sushil and Rajjan, sons of Sangam Lal came to forcibly cut clump of bamboo trees (banskot) of the informant situated at village- Ashwanipur Mazra Goisara of the informant. When they were forbidden by Chhedi Lal from cutting the clump of bamboo trees (banskot), they started beating his father by sickle (hasiya) and lathis. On hue and cry being raised, the brothers of informant, Shivakant and Dayakant, came to save him, then accused also assaulted them by lathi causing severe injury to them. Accused, Rajjan, with the intention of causing death, assaulted his father on his head and back of body causing grievous injury to him. On the basis of the written report of the informant, FIR (Ext.Ka.6) was lodged in P.S.- Lalapur as Crime No. 88 of 1998 under Sec. 307 of IPC against accused-appellants Kallu, Sushil and Rajjan on 7/11/1999 at 11.30 o'clock. While undergoing medical treatment, injured Chhedi Lal Mishra died on 7/11/1999 at 13.00 o'clock and the case was converted to one under Sec. 302 of IPC. The investigation of the case was done by P.W.4 S.I. Prem Kumar Yadav. He visited the place of occurrence and on the pointing out of informant, prepared site plan thereof (Ext.Ka.2). He collected blood-stained and plain earth from the place of occurrence and kept in container and sealed the collection. The recovery memo regarding collection of plain and blood-stained earth was prepared which is (Ext.Ka.3). Accused-appellants Kallu, Sushil and Rajjan were arrested and on their pointing out, the weapons of offence, 2 lathis and 1 sickle (hasiya) were recovered from the courtyard of the house of the accused-appellants. These recovered articles were wrapped in cloth and sealed. The recovery memo thereof (Ext.Ka.4) was prepared.

(3.) The inquest proceedings of the dead body of Chhedi Lal Mishra was conducted on 7/11/1999 at 15.00 o'clock in the supervision of HCP Ramhit Verma. The inquest report is (Ext.Ka.11).