UMA SHANKER Vs. STATE OF U P

JUDGEMENT

(1.) Appellant of this case Umashanker and appellants of criminal appeal No.1617 of 1983 namely Indrapal and Ram Kripal were committed to trial in the court of Sessions Judge Fatehpur under section 302/34 I.P.C. All the accused persons were held guilty and each of them was punishes with life imprisonment in Sessions Trial no 312 of 1982 (State vs Indra Pal and two others). During the pendency of appeal, Indra Pal and Ram Kripal have died so their aforesaid appeal has been abated vide order dated 24-3-1998.

(2.) The prosecution case is that the informant Girish Chand Pandey s/o Raja Ram Pandey resident of village Kulli Thana Khakreru submitted a written application dated 4.3.1982 in the police station Khakreru, stating that today in the noon hours he and his brother Krishan Kant Pandey had gone to attend the call of nature near Thandiabagh. He entered into the field of Gaya Prasad Tiwari and Krishna Kant Pandey went towards the Arhar field of Ram Pal Tiwari, just then Umashanker s/o Indra Pal Pandey having axe in his hand, Indra Pal and Ram Kripal Pandey sons of Gajadhar Pandey having lathies in their hands came suddenly from behind the Mahua trees and encircled Krishan Kant Pandey with a view to kill him. Indra Pal and Ram Kripal exhorted to kill his brother on which Umashanker asaulted Krisan Kant Pandey by axe but it could not hit him and his brother shouted then Umashanker put down him on the ground. Hearing the cry of his brother, he, Shravan Kumar Pandey and Pacchoo Pasi, who were working in the nearby fields rushed towards the spot and saw that Umashanker was asulting his brother and gave 2-3 axe blows on his neck, resultently he fell down on the earth and succumbed to the injuries sustained. They challenged the accused persons but they ran away towards west. It was also asserted that about eight months ago a decoity had taken place in the house of Indra Pal in which, his wife and daughter were murdered by decoits and because of village politics Uma Shanker Pandey suspected the complicity of Krishan Kant Pandey in that incident of decoity, which was expressed by him severally in the village and some altercation had also taken place between them. It was further asserted that due to this reason, his brother was murdered. On the said information, a case was registered against the appellants under Sections 302 I.P.C. on 4.3.1982 at 02 P.M. The investigation of the case was taken over by Station Officer N.K.Singh PW-5. He recorded the statement of first informant Girish Chand Pandey at the Police Station. Thereafter he reached on the spot along with first informant. Inquest was prepared by him in the presence of the Panch witnesses, thereafter he sent the dead body for postmortem through constable Ram Shankar and village Chaukidar along with other necessary papers prepared on the spot. He also made inspection of the place of occurrence, prepared site plan and collected blood stained and simple earth from the spot along with one lota, maala, one pair havai chhappal, blood stained agonccha of the deceased and fard Ex-Ka 12 to 16 were also prepared. Post mortem on dead body of Krishan Kant Pandey was conducted by Dr. S.C.Srivastava. The Investigating Officer recorded the statements of the witnesses and after concluding the investigation charge sheet was submitted by him. The Chief Judicial Magistrate after providing necessary copies committed the the case to the Sessions Judge, Fatehpur.

(3.) Learned sessions Judge framed the charges against accused persons under section 302 read with section 34 IPC. The accused persons pleaded not guilty and claimed to be tried.