GULAB AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) -Appellants Gulab, Kanchan and Babu Lal stood their trial before Sri M.L. Singhal, Additional Sessions Judge, Allahabad in S.T. No. 261 of 1977, under Sections 302 and 323, I.P.C. for commission of murder of Mool Chand and causing injuries to Budhsen, Gajadhar and Deonarain, who have been held guilty, on both the counts. For the offence punishable under Sec. 302 I.P.C. each of them has been sentenced to life imprisonment while under Sec. 323 I.P.C. they have been awarded six months' rigorous imprisonment each, and their sentences under both the counts have been directed to run concurrently by the judgment and order dated 20.4.1979.

(2.) The prosecution case, briefly stated, is that in the night of 15/16.6.1977 Budhsen was irrigating his sugar cane field at about 10.00 P.M. in village Awana Alampur within police station Karari, district Allahabad, when Gulab armed with an axe, Kanchan with a Pharsa and Babu Lal alias Babboo with a lathi and spade came over there and started to close the Nali near the field of Budhsen. In the meantime Mool Chand alias Moola, Sohan, Moti Lal and Deonarain had also come there with torches in their hands for the purpose of irrigating their fields. Mool Chand asked the accused persons not to close the water channel as due to closure of the Nali no water would flow to his field but Gulab accused' insisted on closure of the channel. That ding dong infuriated Gulah accused, who said that it was Mool Chand on whose complaint he was convicted in a dacoity case and that he was his enemy, therefore, he should be killed. Thereupon all the accused persons advanced towards Mool Chand to assault him. Mool Chand ran for safety in the field of Ram Swarup. Gajadhar, who was also having a torch with him rushed to the place of oceurrence on hearing the shrieks and he, Sohan, Moti Lal, Deonara in and Budhsen saw that the accused had assaulted Mool Chand with their respective weapons as a result of which he died on the spot. Gulab asked his companions to severe his head but when Gajad bar and Deonarain protested they were also assaulted with lathis and the accused persons were unsuccessful in taking away the head of Mool Chand. Thereafter all of them ran away towards west. Budh Sen leaving the dead body in ward of Moti Cal, Deonarain and Sohan went to police station Karari, which is at a distance of 5 miles from the place of occurrence, and lodged the first ,information report at 00.30 hours on 16.6.1977. A case was registered in the presence of Amar Singh, Station Officer, who took up the investigation of the case in his own hand. He recorded the statements of Budh Sen and Gajadhar under Sec. 161 Crimial P.C. at the police Station itself and inspected their torches and prepared recovery memos thereof. Thereafter he proceeded to the place of incident with Budh Sen and Gajadhar on a Jeep and reached there at 2.40 A.M. There he recorded statements of other witnesses, inspected their torches and prepared Supurdgi memos. He also made spot inspection and prepared site plan. Thereafter he performed inquest report of the dead body and sent it to mortuary for postmortem examination. One shoe allegedly belonging to one of the accused was also recovered from the spot and blood stained and unstained earth was taken into custody and their recovery memos were prepared. He also made search for the accused in the village but none of them was found. He also made search of the house of the accused persons in the presence of the mother of the accused. One shoe of the accused and blood stained Angochha (towel) were recovered from there. Thereafter the injured persons were sent for medical examination in the morning of 16.6.77. Dr. S.P. Singh (P.W. 4) medically examined them, who found two contusions on non-vital part of Budh Sen, three contusions and one abrasion on the body of Gajadhar and two contusions on the person of Deonarain. He made their medical examination between 9.00 and 10.00 A.M. on 16.6.1977. The autopsy on the dead body of Mool Chand was conducted by Dr. G.S. Saxena (P.W.5) on 17.7.1977 at 2.45 P.M. He found 9 incised and one lacerated wounds, 3 contusions and one abrasion on the body of the deceased.

(3.) All the accused were arrested at 12.30 AM. on 27.6.1977, who allegedly expressed their willingness to get the Pharsa and axe recovered from the place which was at a distance of 15 kilo metres from the placeof incident and hence the Investigating Officer picked up Deshraj and Deokaran witnesses from village Awana Alampur and reached the well of Mekoo Pasi and on the pointing out of the accused persons got the Pharsa and axe taken out from the well with the help of one Mahavir Pasi, which were taken into custody and recovery memo was prepared there. A plan of the spot from where the recovery was made was also prepared. After completing all the necessary formalities then a charge sheet was submitted in court against all the three accused-appellants.