VINOD KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) S. I. Jafri, J. Criminal Appeal No. 1938 of 1977 has been filed by Vinod Kumar, Ram Babu and Ram Kesh appellants and Criminal Appeal No. 1939 of 1977 has been filed by Hanuman, Roop Ram, Ram Gopal, Ranjit Singh, Ramesh. Jagat Prasad, Gaya Prasad and Shiv Prasad appellants against the judgment and order dated 11- 7-1977 of Sri R. K. Garg, Additional Sessions Judge, Kanpur Nagar in Sessions Trial No. A-134 of 1974. By this order, all the appellants have been convicted and sentenced to imprisonment for life under Section 302 read with Section 149. I. P. C. and to three years' R. I. under Section 201,i. P. C. read with Section 149, I. P. C. All the appellants except Ram Kesh have been further convicted and sentenced to three years' R. I under Section 148, I. P. C. and Ram Kesh has been convicted and sentenced to two years' R. I. under Section 147, I. P. C.

(2.) ALL the appellants belong to village Paniya Mau, Police Station Buognipur, district Kanpur. The three deceased viz Basudeo, Auant Ram and Mahabir also belonged to the same village Paniya Mau. la this village, there is a tank lying on the western outskirts of the village abadi. This tank is used by the village people for purposes of bathing and washing their clothes.

(3.) RAM Shankat (P. W. 1) and RAM Swar up (P. W. 2) started for the police station with Mahabir injured on a bullock-cart. In the way, Mahabir also succumbed to his injuries in village Monepur. There RAM Shankar (P. W. I) wrote a report and then they again proceeded for the police station with the dead body of Mahabir. On arrival at the police station, RAM Shankar (P. W. 1) lodged the written report at 2 p. m Constable Clerk Babu Lal (P. W. 4) prepared the chik report and registered this case. The Station Officer was not present at the police station. Sub-Inspector Pyare Lal (P. W. 7), who was present when this case was registered, started the investigation in the case. He at once conducted inquest on the dead body of Mahabir at the police station and then sent it to the mortuary for its post-mortem examination. He then went to the place of occurrence where he conducted the inquest proceedings on the dead bodies of Basudeo and Anant RAM. After completing other nscessary formalities, he despatched there corpses also to the mortuary for their post-mortem examination. During investigation he had also searched the house of appellant Jagat Prasad and had recovered a blood-stained Farsa there from. Station Officer Sharda Dutt Tripathi (P. W. 8) of the police station also reached the spot at 7 p. m. Then he took over the investigation from Sub-Inspector Pyare Lal (P. W. 7) and sub mitted a charge-sheet against the appellants after completing the investigation.