T RAMESHWAR Vs. STATE OF U P

JUDGEMENT

(1.) Being aggrieved by the judgment and order of sentence as passed by learned Additional Sessions Judge, V Court at Farrukhabad in Session Trial No. 3/7/79 which arose from crime No. 118 of police station Kama Ganj, District Farrukhabad dated 18-6-79 appellant (sic) The prosecution case runs as follows:-Complainant Kamta Prasad lodged the F.I.R. on 18-6-79 at about 7.00 a.m. which is marked Ext. Ka-1. According to the informant he was returning from his field at village Ahmadpur Devaria and reached near his Kathal grove when accused Rameshwar, Ram Narain, Ram Das, Rakesh, Radhey and Satish armed with lathis, Kripal armed with pistol, Prahlad armed with a sword and Ram Roop armed with a Kanta surrounded him and told him that he had broken the medh of their field. The complainant told them that he had not done so. An exchange of hot words took between them. Then the accused Rameshwar exhorted to kill him whereupon accused Prahlad gave a sword blow to the complainant. On the alarm raised by complainant his sons Rajeev Kumar, Arvind Kumar and Ors. namely Devi Dayal, Ram Bharosey, Pati Ram, Shahjadey, Phool Chand and Ved Ram reached there and tried to save him. Accused Kripal fired a shot from his pistol causing fire armed injury to Rajiv. The remaining accused persons assaulted the complainant Arvind Kumar, Devi Dayal Ram Bharosey and Pati Ram with their weapons. It is alleged that for the last 4-5 years there had been litigation between the complainant and the accused persons regarding some culti vatory land on account of which the accused persons were on inimical terms with the complainant. A written report has been lodged at Police Station Kamalganj on 18-6-79 at 10.10 a.m., the Police Station being at a distance of five miles from the place of occurrence. On the basis of the Said report a case under Section. 147, 148, 323, 324, 307, 149, I.P.C. was registered.

(2.) The investigation of the case was conducted by Sri Mohd. Muskin Khan (P, W. 8) who was posted as S.I. at police station Kamalganj. On 18-6-79 he recorded the statement of Head Moharrir Bhoodev Singh who scribbed the chik report and G.D. entries. Thereafter he proceeded to the hospital where he recorded the statements of the injured Kamta Prasad, Arvind Kumar, Rajeev Kumar and others. He returned to the police station and thereafter at about 4.30 p. m. he reached to the place of occurrence. He first interrogated the witnesses Ved Ram and Shahjadey and others and recorded their statements. He visited the place of occurrence and prepared site plan Ext. Ka-17 on the pointing out of-complainant and witnesses. He took samples of blood stained and plain earth from the place of occurrence and prepared memo Ext. Ka-18. He sealed the samples Ext. 4 & 5 in two separate tins. He searched the accused persons but could not find any of them. On the next date and on 20-6-79 he also searched the accused but could not arrest any of them. Some of the accused persons surrendered in the Court on 22-6-79. He submitted charge-sheet after completion of the investigation.

(3.) Rajeev who had sustained fire armed injury subsequently died in district Hospital, Eatehgarh on 19-6-79 at 8.30 P.M. Inquest on the dead body of Rajeev was heldon 20-6-79 by P.W. 5, S.I. Hari Singh who was then posted at P.S. Kotwali, Fatehgarh. He prepared inquest report Ext. Ka-8, letters to R.I. and C.M.O. Photo lash and Challan lash Ext. Ka-9, Ka-10, Ka-11 and Ka-12. He had handed over the dead body to constable Ram Sewak and Raj Kumar Singh for taking it for postmortem examination. The death of Rajeev Kumar was reported to P.S. Kamalganj on 20-6-79 and there was a G.D. entry being No. 18 to that effect the copy of which is Ext. Ka-16. The case was altered from section 306 IPC to section 302 IPC at 5:05 p.m.