STATE Vs. DINESH SHANKAR S/O BHIM SHANKER

JUDGEMENT

(1.) THE appeal in hand is preferred by the State against the judgement and order dated 8.6.1982 passed by the IV Additional Sessions Judge, Unnao in S.T. No. 538 of 1981 whereby the appellants have been acquitted of the charges under Section 147, 148, 149, 302 and 323 IPC.

(2.) LEAVING the details not relevant for the present controversy, the facts of the case, as put forth by the prosecution are that on 14.9.77 at 6:30 a.m., Vinod Kumar PW -1 was sitting in the outer verandah of his house and wife of Karuna Shankar was sweeping the house. Karuna Shankar came out of the house for answering the call of the nature and reached near the gate of his house. At that time accused persons Prem Shankar and Bhim Shankar emerged and caught the legs of Karuna Shankar and the other accused Sundar Lal, Dinesh Shankar and Raj Narain surrounded Karuna Shankar and fired gunshots at him by pistols. Karuna Shankar fell on the ground and Gajodhar had assaulted Karuna Shankar by Gandasa. Vinod Kumar PW -1 and his aunt i.e. wife of Karuna Shankar ran and the accused Bhim Shankar and Prem Shankar caught the legs of Karuna Shankar. Aunt of Vinod Kumar, namely, Vidya Devi reached near Karuna Shankar and then the accused Prem Shankar pushed her and she fell down. The accused after committing murder of Karuna Shankar ran away. The incident was witnessed by Chandra Kumar, Durga Ratan Bajpai, Chhotey Lal Pasi and Santosh Kumar, besides PW -1 Vinod Kumar and his aunt. After the incident Vinod Kumar alongwith Hari Shankar and Umesh Chandra went to police station Barasagwar and got the report scribed by Munsi of the police station on his dictation. The report, which is Ex. Ka -1, was lodged on 14.9.1077. Head Moharrir J.N. Pandey, PW -6 had registered the case as report no. 11 in the G.D. at 8:30 a.m.

(3.) S .O. R.K. Singh took up the investigation. He recorded the statement of Vinod Kumar in the police station and reached the place of occurrence at 11 a.m. He prepared inquest report Ex. Ka -4, photo lash Ex. Ka -5 and letter to C.M. Ex. Ka -7. Thereafter the dead body was dispatched for postmortem examination. The sample seal is Ex. Ka -8. He recorded the statements of inquest witnesses, collected blood -stained and simple earth, Ex. Ka -10 and Ka -11 and also one empty cartridge and ten tiklis under recovery memo, which is Ex. Ka -9. He also recorded statement of Vidya Devi wife of the deceased and sent Vidhya Devi for medical examination. Investigating Officer also prepared site plan which is Ex. Ka -10. The accused were arrested and after completion of investigation charge -sheet , Ex. Ka -11 was submitted in court. The case was committed to the court of sessions.