BACHNOO Vs. STATE OF U P

JUDGEMENT

(1.) Above Criminal Appeal No. 340 of 1996 has been filed by appellant Bachanoo, son of Ramman against judgment and order dated 26th July, 1996 passed by 1st Additional Sessions Judge, Unnao in Sessions Trial No. 86 of 1991 'State Vs. Bachnoo and others' under Sections 307 and 302 Indian Penal Code, Police Station Purwa, District Unnao whereby the trial court convicting appellant under Section 304 read with Section 34 Indian Penal Code had sentenced him to undergo 10 years rigorous imprisonment.

(2.) Narrated concisely, the prosecution allegations against the appellant-accused as deciphered from written first information report (Exhibit Ka-1) and testimonies of factual witness are that on 24.10.1990 deceased Badaloo along with Ram Kumar, cousin of the complainant, were proceeding towards Unnao Court for bail of another cousin of the complainant Bahadur, son of Rookha, resident of Village Pipari, Police Station Asoha, Distinct Unnao, who was detained in jail in connection of murder of his wife. Deceased Badaloo was also facing trial of murder of Jamuna Chamar in which he was acquitted of charges of murder 6-7 months prior to the incident. On the fateful day, at about 8 O' Clock in the morning when deceased Badaloo and Ram Kumar reached at culvert of Village Raipura, brother of Jamuna accused Bachnoo, Ramman, Rajjoo and Chhota who were already sitting at the culvert, attacked them. Accused Bachnoo fired at deceased Badaloo with an intention to kill him and thereafter other three accused caught hold of the deceased. Accused Rajjoo (now deceased) started attacking him on his face with knife. When complainant and Durga Pasi reached there, the accused took to their heels. The complainant Deepak Prasad, who is son of deceased Badaloo, took the deceased to police station on a Bullock-cart where he gave a written complaint (Exhibit Ka-1) about the incident. Chik report (Exhibit Ka-4) was prepared in police station Purwa and corresponding entry was also made in General Diary of the police station at No.15 dated 24.10.1990, which is Exhibit Ka-5. Injured Badaloo was sent to Primary Health Center, Purwa, District Unnao for treatment where Doctor examined him and prepared injury report (Exhibit Ka-3). On 25.10.1990, injured Badaloo died of the injuries caused in the incident. Investigating officer conducted inquest report (Exhibit Ka-13). Thereafter, dead body was sent for postmortem examination along with Photo-Lash (Exhibit Ka-8) and Challan-Lash (Exhibit Ka-9), Letter to Chief Medical Officer (Exhibit Ka-10) and Seal Specimen (Exhibit Ka-12). Autopsy was conducted on the cadaver of the deceased and report was prepared, which is Exhibit Ka-2.Investigating officer inspected the spot and prepared a site-plan (Exhibit Ka-15). After recording statement of F.I.R. writer, Ram Kumar, cousin of complainant, who was going along with the deceased at the relevant point of time, Dr. S.C. Shukla and Dr. M.K. Gupta, he wrapped up the investigation and having found prima evidence against the accused filed charge sheet (Exhibit Ka-14) in the Court. On the basis of charge-sheet, accused were summoned to face trial. Case was committed to the Court of Session on 26th February, 1991.

(3.) After hearing learned counsel for the appellant and learned counsel for the State, charges under Sections 302 Indian Penal Code and Section 34 Indian Penal Code were framed against the accused. He denied charges and claimed to be tried.