ANOKHEY LAL Vs. STATE OF U P

JUDGEMENT

(1.) -The accused-appellants are five in number, namely, Anokhey Lal, Naresh, Khushali Ram, Ram Bhajan and Rameshwar Dayal. They have come up in appeal against judgment and order dated 13.10.1981 passed by Sri V. S. Agrawal, IIIrd Additional Sessions Judge, Pilibhit in S.T. No. 194 of 1980. Each of them has been convicted under Section 302, I.P.C. read with Section 149, I.P.C. and under Section 323, I.P.C. read with Section 149, I.P.C. For the former offence, life imprisonment has been awarded to each of them whereas for the latter the sentence is of one year's rigorous imprisonment. Besides, Anokhey Lal and Naresh have been convicted under Section 147, I.P.C. with sentence of one year's rigorous imprisonment and the remaining three have been convicted under Section 148, I.P.C. with sentence of one year's rigorous imprisonment. The sentences have been ordered to run concurrently.

(2.) ANOKHEY Lal is the uncle of Naresh, Khushali Ram and Ram Bhajan who are real brothers. Rameshwar Dayal is said to be their neighbour and associate.

(3.) S.I. Jaibir Singh P.W. 4 went to the PHC Bisalpur and prepared the inquest report of the dead body of Ganga Ram. After completion of formalities, the dead body was sealed and sent for post-mortem. Then he reached the village of the incident with S.I. Ram Lakhan Singh P.W. 7 and prepared the inquest report as also necessary papers relating to the dead body of Nanhakoo. His dead body was also sealed and sent for post-mortem. The witnesses were interrogated by S.I. Ram Lakhan Singh. Blood stained and simple earth was collected from the spot. Site-plan was prepared. A live cartridge was also recovered from the field of Shanker Lal-place of the incident. Ultimately, the charge-sheet was submitted.