MAHESH PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) A. B. Srivastava, J. The Additional Sessions Judge, Kanpur vide his judg ment dated 5-8-1979 convicted appellants Maha Prasad, Puttan, Krishnanand, Chhunna, Bhikham Singh, Gopal Sheo Shankar of Criminal Appeal No. 1820 of 1979, and Chhuttan of Criminal Appeal No. 1850 of 1979, of the offence punishable under Sections 302 and 307. 1. P. C. both read with Section 149 of the I. P. C. and sentenced each of them to imprisonment for life and for five years respectively on the two counts. He further convicted appellants Puttan, Chhunna, Knshnanand and Bhikham Singh under Section 148,1. P. C. and awarded a sentence of 2 years R. I. Each and Gopal, Chhuttan and Sbeo Shankar under Section 147 of the I. P. C. and sentenced to R. I. for one year. The sentence are to run concurrently.

(2.) BOTH these appeals being connected are being disposed of by a com mon judgment.

(3.) A written report, (Exhibited Ka 1) regarding this incident was prepared by informant Tehsildar Singh and taken to the police station Mahraj-pur, district Kanpur in the company of Dharamraj Singh and Dharamvir Singh, where an F. I. R. was registered at 6-15 p. m. the same day and the chick F. I. R. , Exhibit Ka 5, and G. D. Entry, Exhibit Ka 14, was prepared. The Investigating Officer Shyam Singh Parihar (PW 9) who was ore sent at the police station took up the investigation and after recording the statements of witnesses present at the police station proceeded to the place of occurrence. Reaching there he deputed force in front of the house of Bhikham Singh were the accused persons were said to have been hiding and requisitioned force. He made the inquest of the dead body of Vijai Bahadur and along with the inquest report and other relevant documents Exhibits Ka-6 to Ka-9 sent it for post-mortem examination.