CHANDRA PAL Vs. STATE OF U P

JUDGEMENT

(1.) N. L. Ganguly, J. This Criminal Appeal by Chandra Pal and 5 others was filed against the judgment and order dated 21-4- 1980 passed by the IIIrd Addl. Sessions Judge, Sri H. P. Pathak, Aligarh, convicting all the appellants under Sections 148, 302 read with Section 149, I. P. C. and 307 read with Section 149, I. P. C. and sentencing two years R. I. , imprisonment for life and seven years, respectively. All the sentences were directed to run concurrently.

(2.) DURING the pendency of the appeal, the appellant No. 6 Dhundhi died. After the report of the C. J. M. Aligarh, the appeal of Dhundhi stood abated.

(3.) THE I. O. found the deadbody of Kanhi inside the house of Smt. Dulari in her Sehan. THE inquest report (Ext. Ka 6) relating to the deadbody was prepared. THE chal-lan lash (Ext. Ka 7), photo-lash (Ext. Ka 8) were prepared by him. A report addressed to the Chief Medical Officer, another report addressed to Chief -Medical Officer, Aligarh and another report addressed to the Revenue Inspector marked as Exts. Ka 8 to Ka 11, were prepared. THE deadbody of Kanhi was sealed on the spot and was sent alongwith the necessary papers for post-mortem, through constable Hari Mohan (PW 6) and Jagpal. THE site plan Ext. Ka 13 was prepared after inspection of the place of occurrence. THE recovery memo of blood-stained earth and unstained earth near the place where the deadbody of Kanhi was prepared. One Bamboo lathi and one iron Kundarka was found at the place of occurrence which was taken in possession and possession memo was prepared. THE kundarka was blood stained and the lathi was fixed with iron sham. THE tamp (chirag) was also taken in possession after preparing the possession memo (Ext. Ka 16 ). THE lantern of Khubi Ram which was burning in the house in front of the scene of occurrence, was also taken in possession by the I. O. THE accused persons named in the F. I. R. were searched but were not available in their houses.