GAUDAS Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been filed by the two brothers Gaudas and Shyam Lal against the judgment and order dated 27-4-1979 passed by III Additional Sessions Judge, Jaunpur in Session Trial No. 84 of 1978. By the aforesaid judgment Gaudas has been convicted under section 302 IPC whereas Shyam Lal has been convicted under section 302 IPC read with section 34 IPC and both of them have been awarded the sentences of imprisonment for life.

(2.) CHARGE against the appellants was that on 10-9-1979 at about 8.30 p.m. near the southern gate of Tilakdhari College of Jaunpur City, Line Bazar, Police Station Kotwali, district Jaunpur, Rampher was done to death by causing injury intentionally with the scissors which was struck by appellant Gaudas and the appellant Shyam Lal had caught hold of the deceased Rampher with a common intention to cause the death of the decased.

(3.) THEREAFTER the investigating officer recorded the statement of eye witnesses including Lallan (PW 1) and Balchand (PW 2) on 11-9-1977, prepared a site plan and recovered the blood stained stones and plain stones from the place of the occurrence. In the meantime Dharamveer Singh (PW 9) had reached the police station and come to know of the incident and, therefore, rushed to the place of the occurrence and took over the investigation himself from Kamil Siddiqui S. I. (PW 8). He had also interrogated the appellants who in the meantime surrendered in the court of Magistrate. THEREAFTER by S. P. Shri Jamal Ashraf had taken over the investigation from S. O. Dharamveer Singh and on completion thereof submitted the charge-sheet as Ext Ka- 15 against the appellants on 30-10-1977.