RAJA RAM YADAV Vs. STATE

JUDGEMENT

(1.) S. I. Jafri, J.

(2.) APPELLANTS Rajendra Yadav and Rajman Lobar were convicted under section 302 and 302 read with Section 34 IPC and were sentenced to undergo life imprisonment. Rajendra Yadav was convicted under section 302 IPC simpliciter for the murder of Shitla deceased and was sentenced to undergo life imprisonment and he was further convicted under section 302/34 IPC for the murder of Lallan deceased and sentenced to life Imprisonment. The appellant Rajman was convicted under section 302 IPC for the murder of Lallan and sentenced to undergo life imprisonment. He was further convicted under section 302 read with section 34 IPC for the murder of Hira Lal deceased and sentenced to imprisonment for life.

(3.) AFTER registration of the case at the Police Station Bhelupur, Jagdish Tewari PW 10 took up the investigation of the case in his own hands and he visited the scene of occurrence alongwith police force and he found the dead bodies of Hira, Lallan on the spot. Chhotey Lal PW 4 S. I. had prepared the inquest report on the dead body of Hira and Lallan and sent them for post mortem examination through constables Bhagwat Prasad PW 6 and Ram Naresh Misra PW 9. The Investigating Officer had recorded the statements of Tulsi Yadav, Shobhnath Gaur and Sankatha Prasad on the same day. He also prepared the site plan Ex. ka8. He found blood stained earth on the spot and took it into his possession. He made the spot inspection and found fired cartridges marked Ext. 3 to 6. Three tiklies Ex. 7 to 9 were also found there. He had also prepared recovery memo Ex. ka 3 and sealed them in separate packets. He interrogated Babu Lal and Lallu, PW 3 on 22-7-74. All the accused were arrested on 22-7-74 by the S. I. Bhullan Ram and others and they were taken to the police station Bhelupur at 12.30 p. m. as per Gene al Diary entry, a copy of the same is Ex. ka 14-A. 12 bore double barrel gun Ex. 10 and 4 cartridges were recovered by S. I. Jagdish Singh, PW 5 from Sidhraj Singh, son of Kallu Singh of village Narottampur and they were sealed in separate packets. The S. I. had prepared the recovery memo which is Ex. ka 4. The sealed packets containing gun and cartridges were deposited at the police station Bhelupur by Jagdish Singh, PW 5 on 22-7-74 at 1.05 p. m. During the Investigation gun Ex. 10 along with empty cartridges Ex. 3 to 6 which were found on the spot were sent by the Investigating Officer to the Ballastic Expert for his opinion. Radhey Shyam Misra, PW 11 Ballastic expert opined vide his report Ex. ka 10 that the empty cartridges Exts. 3 to 6 were fired from the double barrel gun no. 3656-D i.e., Ex. 10. AFTER completing the investigation the charge sheet was filed against all the appellants including Kallu Singh of village Narrottampur by the investigating officer.