BHUREY Vs. STATE

JUDGEMENT

(1.) This criminal appeal arises out of a judgment and order passed by learned Sessions Judge, Budaun, dated 11-8-1981, whereby the learned Judge has convicted the appellant Bhurey alias Kishan Pal to imprisonment for lift under Section 302, IPC and the appellants Virendra Singh and Satyavir Singh to imprisonment for life under Section 302 read with Section 34, IPC. As one other accused Jeet Singh died during the trial, he was not tried.

(2.) The prosecution allegations as mentioned in the FIR were that on 23-7-1980 at about 5 p.m. the informant Mahendra Pal Singh, PW-1 was returning to his village after cremating Rajeshwar Singh's new borr son accompanied by his elder brothers, the deceased Ram Singh and Dharam Pal Singh PW-4, and younger brother Brijendra Pal Singh and co-villager Chandra Pal. Deceasecd Ram Singh, was 15-20 paces ahead of the witnesses. When the prosecution part} reached near a Government tube-well in the west of the village, Jeet Singh, the appellants Bhurey alias Kishan Pal and Virendrs Singh, who were carrying country-made pistols and Satyavir Singh, who was armed with a licensed gun, fired from behind the corner of the 'gool' after giving a cry to the deceased Ram Singh. It was the fire from Bhurey's country-made pistol which struck the deceased, Ram Singh, on his back. He fell down as a result of the injuries. On the cries raised by the witnesses the accusec proceeded in the direction of Dhaka jungle issuing threats. Ram Singh was taken in an injured condition on a cot to police station Ujhani and a report of the incident was lodged on 23-7-1980 at 7.40 p.m. by Mahendra Pal Singh (PW-1) under Section 307, IPC.

(3.) The report was taken down in the presence of SI Sukhpal Singh, PW-5, who is the first investigating officer of this case. A about 8 p.m. PW-5 Sukhpal Singh claims to have recorded the statements under Section 161, Cr.P.C. of Ram Singh at the Ujhani Hospital. After that he recorded the statement of Mahendra Pal Singh, the informant of this case, Ram Singh died in Ujhani hospital at 9.10 p.m. in the presence of PW-5, SI Sukhpal Singh. Because it was dark and the body had to be taken care of, the inquest was prepared the next morning at 6 a.m. The inquest (Ext. Ka 6), photo lash (Ext. Ka 7), challan lash (Ext. Ka 8), letter to the CMO (Ext. Ka 9), the sample seal (Ext. Ka 10) were prepared by the I.O., PW-5, SI Sukhpal Singh. After that at 7.30 a.m. the body was dispatched for post mortem to the mortuary through constable Tulsi Ram and HC. Kalloo. At 10 a.m. PW-5, Sukhpal Singh, reached Sankari jungle where he recorded the statement under Section 161, Cr.P.C. of Dharam Pal. He examined the spot and found blood lying there. He took the plain and blood-stained earth in his possession and kept them in separate containers (vide Ext. Ka 11), prepared the site plan {Ext. Ka. 12), Thereafter the investigation of this case was concluded by PW-7, SI R. D. Sharma.