STATE OF U.P. Vs. RAJENDRA AND OTHERS

JUDGEMENT

(1.) THE State of U.P. has preferred this Appeal against the judgment and order dated 26.5.1979 passed by Vth Addl. Sessions Judge, Azamgarh in S.T. No. 227 of 1977 whereby four respondents were acquitted of the charges under Sections, 302/34, 307, 302, 201, IPC. The charge against respondents Rajendra and Ram Badan Yadav was that on 11.2.1977 at about 4.30 P.M. they, in furtherance of the common intention of all, committed the murder of Vijai Pratap Singh alias Munna Singh punishable under Section 302 IPC. The respondents Prabhunath Yadav and Dhiraj Yadav were charged under Section 302/34 IPC. All the four respondents were further charged under Section 307 IPC. For having tried to commit the murder of Jai Ram Singh, P.W. 3 who, however, had not received any injury. The last charge against the respondents was under Section 201 IPC. for having severed the head of Vijai Pratap Singh, carried it away and concealed it by placing the same in a pit dug by them.

(2.) DURING the trial the prosecution examined three eye -witnesses, namely, P.W. 1, Chandra Bali Singh, P.W. 3, Jai Ram Singh and P.W. 4 Brijnath.

(3.) IT was probable that the death was caused on 11.2.1977 at 4.30 P.M. Two gun shot injuries were caused from two different shots from close range. The head was covered from the trunk by cutting with some heavy weapon like, a Dab.