(1.) N. L. Ganguly, J. This appeal by Raghuraj Singh, Virendia Pratap Singh, Mahendra Pratap Singh and Vishwanath Singh is directed against the judgment and order dated 11-1-1984 passed by Sri U. S. Pandey, Special Judge, (Economic Offences), Allahabad in S. T. No. 416 of 1978. Appellants Raghuraj Singh and Mahendra Pratap Singh have been convicted and sentenced to two years R. I. under Section 148, IPC, six months RI under Section 323/149, IPC and also convicted and sentenced to undergo imprisonment or life under Section 302, IPC. Appellants Virendra Pratap Singh and Vishwa Nath Singh have been convicted and sentenced to two years RI under Section 147, IPC, six months RI under Section 323 and 323/149, IPC, respectively. Both of them have been convicted and sentenced to life imprisonment under Section 302/149, IPC. All the sentences were directed to run concurrently.
(2.) THE incident took place on 3rd of September, 1978 at about 1 p. m. at village Barji P. S. Soraon, District Allahabad. THE FIR was lodged by Sabha Singh on the same date at 2. 30 p. m. THE distance of Police Station from the place of occurrence is about 6 miles. Five persons were named as accused in the FIR except Raghu Nath, accused, the remaining four are appellants. Raghu Nath, accused had died after framing of the charges in the Court below. THE prosecution examined PW-1 Sabha Singh, informant and Smt. Shanti Devi PW-2, both are injured witnesses. THE prosecution examined formal witnesses, namely Charan Singh, Sub-Inspector, II I. O. (PW-3) PW-4 Dr. Vijai Pal, PW-5 Sheo Karan Singh, constable, PW-6 N. N Paladi, PW-7 Sudarshan Lal Awasthy, S. 1. 1st I. O.
(3.) PW-7 Sudarshan Lal Awasthy, S. I. was posted at P. S. Soraon on 3-9-78 Raj Narain was the Head Constable working on that day there. The written report was lodged by the informant Sabha Singh. A chick report Ext. Ka 13 on the basis of the written report Ext. Ka 1 was prepared by Raj Narain, Head Constable, in presence of the witness Sudarshan Lal Awasthy. The FIR and the chick report was proved by this witness. Sudarshan Lal Awasthy (PW-7) started the investigation and had recorded the statement of the informant at the Police Station and also had recorded the statement of Raj Narain, Head Constable Moharrir. After lodging of the report, he proceeded to the spot. S. I. Balbeer Singh was deputed for preparing the inquest memo. The panchayat nama (Ext. Ka-9) was prepared by S. O. Balbeer Singh which bears the signature of the punches. Balbear Singh S. I. is dead. 1'he inquest memo was proved by this witness. Sri Awasthy recorded the statement of Smt. Shanti Devi on the spot and'also recorded the statement of the other witnesses, inspected the place of occurrence, prepared the site- plan and proved Ext. Ka-15 with index.