STATE OF U P Vs. HARISH CHANDRA

JUDGEMENT

(1.) BOTH the appeals arise out of the judgment and order dated 1 -8 -1981 passed by IV Additional Sessions Judge, Kanpur in Sessions Trial No. 443 of 1978. The accused Harish Chandra and Daya Shanker have been acquitted. As such, the State has preferred Government Appeal No. 2766 of 1981 there against. The appellants of Criminal Appeal No. 1736 of 1981, namely, Balwant, Raja Ram son of Din Dayal, Mool Chand and Raja son of Gajadhar as also one Arun were convicted under Section 302 read with Section 149 IPC. Raja Ram was further convicted under Section 148 IPC and the rest under Section 147 IPC. Arun was found under 16 years of age within the meaning of U.P. Children Act, 1951. The benefit of the said Act was afforded to him and it was held that he was not liable to be sentenced. He has released on probation of good conduct. The sentence of life imprisonment under Section 302 read with Section 149 IPC was passed against four appellants of Criminal Appeal No. 1736 of 1981. Raja Ram was further sentenced to undergo 1 -1/2 years' rigorous imprisonment on the charge under Section 148 IPC. Balwant, Mool Chand and Raja were sentenced to one year's rigorous imprisonment under Section 147 IPC. All the sentences were directed to run concurrently. Balwant, Raja Ram, Mool Chand and Raja have preferred Criminal Appeal No. 1736 of 1981 against their conviction and sentences. Arun to whom the benefit of U.P. Children Act, 1951 was afforded did not prefer any appeal. Since both the appeals are connected with each other, they are being decided by this common judgment.

(2.) WE have heard Miss N.A. Moonis, learned AGA from the side of State and Sri Viresh Mishra, learned Counsel for the accused respondents Harish Chandra and Daya Shankar. In Criminal Appeal, no one turned up to argue out the appeal for the accused appellants though they are represented on record by S/S S.S. Tewari, K.K. Srivastava and R.S. Shukla, Advocates. We, therefore, propose to decide this appeal also on merits as provided by the apex Court in the case of Bani Singh v. State of U.P., AIR 1996 SC page 2439.

(3.) THE inquest was conducted by SI Girja Nand Dubey PW 4 on 17 - 6 -1978 under the supervision of SO B.D. Singh. Other relevant papers were also prepared. The dead -body was ultimately sent for post -mortem which was conducted by Dr. S.P. Dubey PW 8 on 18 -6 -1978 at 2.30 p.m. He (deceased) was aged about 55 years of age and about 1 -1/2 day had passed since he died. The following ante -mortem injuries were found on his person: