BHIKHAN AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgement passed by IInd Additional Sessions Judge, Lakhimpur Kheri on 11.10.1983 in Sessions Trial No. 426 of 1982, under Sections 148, 147, 302 read with Section 149 I.P.C., Police Station Dhaurahara, District-Kheri, whereby the trial court found the accuse Kashi guilty of the offence under Section 148 and sentenced him to undergo rigorous imprisonment for one year. He was also found guilty for the offence under Section 302 read with Section 149 I.P.C. and sentenced for life imprisonment. Accused Bhikhan, Parsadi and Sheo Charan, were found guilty under Section 147 I.P.C. and each of them was sentenced for one years rigorous imprisonment and each of the aforesaid accused were also found guilty under Section 302 read with 149 I.P.C. and were sentenced for life imprisonment. All the sentences were to run concurrently.

(2.) The prosecution story as unfolded according to the F.I.R. and prosecution case is that an oral report was lodged by P.W. 1 Smt. Ram Dei stating that on 14.9.1975 in the noon time Shiv Dutt was grazing his cattle in Retia near the fields of Jia Ram and Bhagauti within village Bhanwapur, P.S. Dhaurhara, District- Kheri. Sanwal Singh, Ghurey, Itwari and Kunwar were also grazing their cattle at the same place. Some cattle had trespassed into the fields of Jia Ram. The accused persons Kashi, Prasadi, Shiv Charan, Jia Ram and Bhikhan came and proceeded to take the cattle to the cattle pound. Shiv Dutt requested them not to do so at which all the accused persons assaulted him. Kashi was armed with spear and the rest of the accused were armed with lathis. All the accused including Kashi caused lathi injuries. Shiv Dutt succumbed to those injuries. The oral report was lodged by P.W. 1 Smt. Ram Dei. The F.I.R. was lodged on the same day at 17:15 hrs, the distance between the police station and the place of occurrence was 10 km. An investigation was conducted by P.W. 6 S.I. Shiromani Singh. He proceeded to the spot and proved G.D. report as Exhibit Ka-3. He recorded the statement of the informant at the police station and proceeded to the place of occurrence and prepared the inquest report, diagram of dead body, chalan lash, letter to C.M.O. and sample of seal and proved it as Exhibit Ka-4 to Ka-8. The Investigation Officer further took the blood stained clothes of the deceased in custody and collected blood stained and plain earth from the place of occurrence and prepared the seizure memo proving it as Exhibit Ka-10. He further investigated and prepared site plan and proved it as Exhibit Ka-11. On the same day, he interrogated the witness Ghurey and also examined the witnesses of inquest and after investigation he submitted charge-sheet as Exhibit-Ka 12 against the accused persons. The postmortem of the dead body of the accused was conducted by P.W. 5 Dr. P.N. Mehrotra on 16.9.1975. The Doctor found the following ante-mortem injuries on the body of the deceased :-

(3.) The deceased was average built male R.M. passed off from both extremities blisters were present at places. Greenish discoloration present in both the iliac foss as and the tongue was protruted.