SIPECTOR Vs. STATE OF U P

JUDGEMENT

(1.) The appeal has been preferred by one Sipector alias Inspector Kachhi against the Judgment and order dated 2-3-1981 passed by Sri M. P. Singh I, the then V Additional Sessions Judge, Etah in S. T. No. 289 of 1980. He has been convicted under Section 302 read with Section 34 I. P. C. and sentenced to life imprisonment.

(2.) We first give a brief resume of the relevant facts. The incident took place in between the night of 19/20-8-1979 at about 3.00 A. M. outside the house of the complainant Abdul PW 1 in village Manauta, Police Station Kasganj, District Etah. The report was lodged by Abdul PW 1 on 20-8-1979 at 9.30 A. M. The deceased was Abdul's father Ismail Khan and the culprits were allegedly four including the present accused- appellant. In between the fateful night, the complainant's father Ismail was sleeping outside his house on the raised platform covered by a hut. At about 3.00 A. M., the complainant and his brother Islam, sleeping in the house, heard the alarm calling for help. The complainant and his brother Islam came out of the house and saw 3-4 persons assaulting their father. Both of them tried to intervene but the assailants did not spare them and assaulted them also. An earthen lamp was kept ablaze in the Chhappar. The complainant and his brother identified the accused-appellant and one Kishan Lal out of four assailants. The hue and cry raised at the time of the incident attracted other villagers also. The assailants bolted away after committing the crime. The injuries sustained by Ismail resulted in his death in the morning.

(3.) On the lodging of the F. I. R. Head Constable Shyam Behari Lal P.W. 3 prepared the chick report and registered the case. The investigation was taken up by S. I. Mohan Chandra Sharma P. W. 5 who proceeded to the spot and found the dead body of Ismail lying on the platform in front of the complainant's house. Inquest was held and other formalities completed relating to investigation and the dead body was sent for post mortem. The investigation was subsequently taken up by S. I. V. K. Gupta P. W. 4 who ultimately submitted the charges-sheet.