AJAI PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -Since both the aforesaid criminal appeals are connected with same case, therefore, they are being disposed of together by a common judgment, which is being passed in Criminal Appeal No. 2753 of 1999.

(2.) THESE appeals have been preferred by the appellants against the judgment and order dated 6.9.1999, passed by Sri N. L. Saxena, the then Ist Additional Sessions Judge, Mathura in S. T. No. 375 of 1992, by which the appellants have been convicted for the offence, punishable under Section 302 read with Section 149, I.P.C. and sentenced to undergo life imprisonment and fine Rs. 5,000 each. In default of payment of fine, they shall undergo additional R. I. for one year. They have further been convicted for the offence, punishable under Section 148, I.P.C. and sentenced to undergo R. I. for two years. They have further been convicted for the offence, punishable under Section 324 read with Section 149, I.P.C. and sentenced to undergo R. I. for two years. All the sentences have been ordered to run concurrently.

(3.) THE Investigating Officer visited the spot, inspected the dead bodies, prepared inquest reports and other papers and sent them for autopsy. THE inquest report of deceased Ram Pratap Singh is Ext. Ka-13, Rajesh Kumar is Ext. Ka-14, Smt. Ramkali is Ext. Ka-15 and Subodh Kumar Singh is Ext. Ka-16. THE other papers like challan, photo of dead bodies, letter etc. are Exts. Ka-17 to Ka-28. THE post-mortem reports of deceased Subodh Kumar, Smt. Ramkali, Rajesh Kumar and Ram Pratap Singh are Exts. Ka-8 to Ka-11 respectively. THE injured persons were sent to Primary Health Centre, Sadabad for medical examination. THE medical report of Lal Sahab is Ext. Ka-2, Brij Raj Ext. Ka-3 and Anurag Singh Ext. Ka-12. THE Investigating Officer inspected the place of occurrence and prepared site plan Ext. Ka-34. He also took blood stained and simple mud from the places, where the dead bodies of four deceased were lying and those memoes are Exts. Ka-29 to 32. During attachment of property of accused Ajai Pratap Singh, the police found blood stained 'ballam' from his house, which was used in the crime. THE police prepared its memo Ext. Ka-33. THE blood stained clothes of injured Lal Sahab and Brij Raj were also taken by the police and had prepared memo Ext. Ka-35. THE blood stained articles were sent to the chemical examiner, report of which is Ext. Ka-37. THE Investigating Officer recorded statements of witnesses and collected all possible evidence and submitted charge-sheet against the accused-appellants.