STATE OF U P Vs. BHAGWATI

JUDGEMENT

(1.) THE present State Appeal arise out of the judgment and order dated 1-1-1979 passed by Ilnd Additional Sessions Judge Baharaich, acquitting accused Bhagawati from the charges under Sections 394,302/34 and 411 I. P. C.

(2.) THE prosecution case, in brief, is that (P. W. 2) complainant Jamuna Prasad is the father of Salik deceased and lives in village Tamolipurwa hamlet of Sablapur Police Station Kotwali (Dehat) District Baharaich. It is said that in the night intervening 9/10-6-1978 at about mid-night 3 or 4 bandits reached at the door of Bharat who lives in the same village and assaulted Bharat and his son Ori. Bharat and Ori raised an alarm and hearing the alarm Salik deceased ran to that place but it is said that one of the bandits fired his pistol causing injuries to Salik deceased. (PW. 2) Jamuna Prasad also reached there and found Salik Ram in an injured condition. THE complainant thereafter brought his son Salik on bullock cart to the Hospital where he died due to those injuries after six days. It is said that Dr. S. K. Srivastava Sadar Hospital, Baharaich examined the injuries of Bharat, Salik and Ori on 10-6-1978 at about 8-35 A. M. THE Doctor also sent a report (Ext. ka-9) to the Station Officer, Police Station Kotwali Dehat informing him that some bandits had fired at Salik Ram and also assaulted Ori and Bharat and all these persons are present in the Hospital in injured condition. On receipt of this information (P. W. 10) Sheo Kailash Tewari, Head Constable prepared a chik report and registered a case in the General Diary Ext. ka-11 at 9-15 A. M. After some time at 10-30 AM. Bharat lodged another report Ext. ka-8 at the same Police Station. (P. W. 12) S. I. Ram Raj Yadav was present at the time of lodging of the First Information Report, therefore, the investigation was entrusted to him. He recorded the statement of Bharat at the Police Station itself and thereafter went to Sadar Hospital and examined Salik Ram, Jamuna Prasad, Ori Lal & Ors. THEreafter he reached theplace of incident and recorded the statements of other witnesses and prepared a site-plan Ext. ka-18. It is said that Salik died in the Hospital on 15-6-1978 and on receipt of this information Sheo Kailash Tewari made an entry in the General Diary and converted the case under Section 302i. P. C. (P. W.)12 S. I. Ram Raj Yadav prepared an inquest report and other relevant papers post-mortem examination. He thereafter again went to the place of incident and inspected the torches and prepared Fard of the torches of the witnesses.

(3.) ON 1-7-1978 Jamuna Prasad lodged another report about the theft of hand pipe from his filed. ON 3-7- 1978 Jamuna Prasad informed the Police that the hand pipe which has been stolen from his field is being operated in the house of accused Bhagwati who is son-in-law of Piarey Kahar resident of Kaharanpurwa. ON receipt of this information the Police recovered the said hand pipe from the house of Bhagwati accused and challaned him in this case.