PURAN Vs. STATE

JUDGEMENT

(1.) APPELLANT Puran and his two sons Tauley and SuTesh alongwith one Debi have been convicted under Section 302 read with Section 34 of the Indian Penal Code and have been sentenced to undergo imprisonment for life.

(2.) DECEASED Chhotta was the younger brother of Puran. Sometime in 1972 certain plots appear to have been given to Puran appellant on which he was in possession. In the year 197o, Pacta of some land was given to deceased Chhotca and his brother Sumer separately. The prosecution case as also admitted by the accused. is that the land which was let out to Chhotta and Sumer had been in prior possession of Puran. On 29-6-1976 at about 9-00 a. m. when Chhotta is said to have been returning from the newly acquired land, alter ploughing it to his village Lodhna Khera Police Station Pihani district Hardoi and had arrived, at about 9-00 a. m., on the village Rasta towards south of the field of one Mangli situated towards east of a canal, appellant Tauley said to have been armed with country made pistol and the rest of the appellants said to have been armed with lathis, arrived Appellant Tauley is said to have fired at Chhotta who ran into the field of Mangoli and fell down there The rest of the appellants are said to have struck him with Lathis in consequence of which Chhotta died at the spot.

(3.) THE FIR having been lodged in the presence of the Investigating Officer S. I., Harpal Singh PW 8 the investigation was taken up by him immediately. He recorded the statement of Sumer at the Police Station and arrived at the spot. He found the dead body of Chhotta lying in the field of Mangali at a distance of about 4 steps towards the north of the southern Mend of the field. THE dead body was at a distance of 22 steps from the canal culvert situated on the village Rasta and towards the south-west of the field of Mangali. THE Investigating Officer, found blood stains near the dead body, he collected samples of plain and blood stained earth and sealed them in separate bundles. He prepared site-plan which indicates the position of the disputed field at some distance further south-west of the canal culvert.