RANDHIR Vs. STATE OF U P

JUDGEMENT

(1.) AMAR Saran, J. Three appellants Randhir, Ram Babu and Chidda have preferred this criminal appeal against the judgment and order dated 20-11-1980 passed by the VIth Additional Sessions Judge, Agra convicting and sentencing the appellants to undergo imprisonment for life under Sections 302/149 IPC five years rigorous imprisonment under Sections 307/149 IPC and two years rigorous imprisonment under Section 147 IPC. However, all the sentences were to run concurrently.

(2.) AS Randhir and Ram Babu have died, hence the appeal against them has abated by order of this Court dated 4-2-2004. Two other persons Lakhpat and Munshi who were also accused in the initial report had been killed in a police encounter, and did not face trial in this case. Hence only the appeal of Chidda survives.

(3.) THE report was lodged in the presence of PW 4 SI Sarwan Singh Yadav, SO, who immediately took up the investigation of this case. He went to the village alongwith the information accompanied by SI Brij Mohan Udenia, who conducted inquest on the body of Gulzari (Ext. Ka-8) and whose writing was proved by SI Sarwan Singh Yadav. SI Sarwan Singh Yadav also recorded the statements of Moti Lal, Ram Shanker, Meghnath, Smt. Shanti, Smt. Kalawati and other witnesses. After investigation the spot, he prepared site plan, sealed the dead body and thereafter handed over the sealed dead body to constables Rati Ram and Harpal Singh for taking it for post-mortem. He also got prepared photo lash, (Ext. Ka-10), Challan Lash (Ext. Ka-11), letter for R. I. (Ext. Ka-12) through SI Brij Mohan Udenia. From the spot, the blood stained clothes of the deceased were taken into possession by S. I. Brij Mohan Udenia, which were sealed vide Ext. Ka- 13. S. I. Sarwan Singh Yadav, PW 5, can took some pellets from the spot and prepared the recovery memo (Ext. Ka-4 ). He examined the torch, Dibia and lantern of Moti and the memo in respect thereof (Ext. Ka-3) was prepared. He took a piece of the door of the house of Moti in possession and prepared its memo as Ext. Ka- 5. He also examined inquest witnesses Ram Shanker etc.