RAMA SHANKAR PASI Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and order dated 24.11,2001 passed by the Additional District and Sessions Judge, Fast Track Court No. 2, Azamgarh whereby the appellant has been convicted under Section 302/34 I.P.C. and sentenced to undergo imprisonment for life and a fine of Rs. 10,000/ - and in default of payment of fine further imprisonment for six months.

(2.) THE brief facts of the case as mentioned in the first information report lodged by Satya Narain Singh are that on 5 -1 -1998 at about 6 p.m., his nephew Sujit Singh was present in the house and two unknown persons came and asked about his father and called him near the house of Ramashray Singh, Sujit Singh was first assaulted with a bomb and thereafter he was shot by a country made pistol, he fell on the ground. Hearing the sound, he and Subhas Singh, Ram Autar Singh and several persons of the village rushed to the place of the occurrence and accused after assaulting Sujit Singh, ran away towards village Ahiraul Masuwa. They were chased by several persons of the village and of neighbouring villages. Sujit Singh was brought in an injured condition to the police station Jahanaganj and the report was lodged at 7.05 p.m. on 5 -1 -1998 under Section 307 I.P.C.

(3.) THE inquest memo of the deceased was prepared by Sub -inspector Ramadhar Mishra, which is Ex. Ka. 3 and the relevant papers for the post -mortem examination were also prepared by him which are Exts. Ka. 13 to Ka. 16. Thereafter he recorded the statements of Chandra Bhan Singh, Awadh Narain Singh and Jai Prakash Singh, On 28 -2 -1998 he recorded the statements Ramadhar Mishra. After the conclusion of the investigation, charge sheet was filed against the appellant and one co -accused Sanjay Singh.