RAM DHANI Vs. STATE OF U P

JUDGEMENT

(1.) N. S. Gupta, J. Nine accused persons named above, who were convicted by Sri R. N. Rai, IInd Additional Sessions Judge, Ghazipur vide his judgment and order dated 2/th September, 1980 under Section 148/147/304/ 324 323/149, IPC and were sentenced to 9 months/6 months/3 years/, 1 1/2 years/4 months RI under various counts have come up in appeal before this Court.

(2.) THE prosecution story, briefly stated, is as under:

(3.) THE investigation of the case was taken by Sri Jai Shankar Singh, PW 9, who was then working as Station Officer at P. S. , Sadat, District Ghazipur. He immediately recorded the statement of Kailash Nath Pandey and rushed the scene of occurrence reaching there at 9-05 a. m. THEre he inspected the dead body of the deceased and prepared inquest report Ex. Ka-9, and sent the dead body of the deceased for post-mortem examination. He thereafter recorded the statement of Shivdhani Pandey, Uma Shanker Pandey, and Satya Narain Pandey. THE Inspector Sri Jai Shanker Singh inspected the scene of occurrence and prepared the site plan Ex. Ka.-15. He recovered blood stained and simple earth from the scene of occurrence. He found the fodder in the field in which the incident had taken place. He also recovered a Hainsiya from the said field. He conducted search for the accused persons but they were not available. He recorded the statements of PW 2 Alakh Niranjan and Ram Karan Singh on 7-11-1974 and went to District Hospital where he recorded the statement of Ram Awadh Pandey and Lalta Pandey injured. After completing his investigation, the Inspector Jai Shanker Singh submitted charge-sheet against the accused-appellants.