BHANU PRATAP GANGWAR Vs. STATE OF U P

JUDGEMENT

(1.) IMTIYAZ Murtaza, J. By means of this appeal the appellants have challenged the judgment and order 22-7-2005 passed in S. T. No. 458 of 2001 by Additional Sessions Judge, Court No. 3, Pilibhit whereby the appellants have been convicted and sentenced to imprisonment for life under Section 302/34 I. P. C. with a fine of Rs. 5,000/- each and in default of payment of fine, further 3 month's simple imprisonment and further convicted and sentenced the appellants to one year R. I. under Section 25 of Arms Act in S. T. Nos. 459 and 460 of 2001.

(2.) ON the basis of an information given by Radhey Shyam, Assistant Station Master, Bisalpur that some persons have killed a passenger inside the Train No. 166 Down when it stopped at Bisalpur Station, the F. I. R. was registered at case crime No. 185 of 2000 under Section 302 I. P. C. at Police Station G. R. P. Pilibhit. After registration of the F. I. R. S. I. Jai Prakash commenced the investigation. He recorded the statements of Assistant Station Master, Radhey Shyam and Munna. Thereafter, he reached at the Railway Station, Bisalpur and recorded the statement of Bhoopram, Station Master, Bisalpur. The dead- body of unknown person was identified as of Jai Prakash Agnihotri. ON his dictation HCP Sachidanand Rai prepared the inquest memo, which is Ext. Ka-9. He prepared letter to R. I. , letter to C. M. O. , Photo Lash and challan lash, which are Ext. Ka-10 to 12. The dead-body was sealed and handed over to constable Om Prakash Misra and constable Rakesh Pandey for carrying it to the mortuary for post- mortem examination. He collected blood smeared and plain earth from coach No. 72294 where the dead-body was lying and prepared its recovery memo, which is Ext. Ka-15. He also collected two empty cartridges of 12 bore and prepared its recovery memo, which is Ext. Ka-16. He also recorded the statement of Manoj Kumar, brother of the deceased. He also recorded the statements of S. I. Narendra Singh Tewatiya, Rajendra Kumar Jaiswal, Murlidhar and Mohd. Yunus and Bhoopram Station Master. He also recorded the statement of Nanhi Devi and Vinod, brother of the deceased. He also recorded the statement of an eye-witness Atul Kumar Saxena. ON 26-9-2000 he prepared the site plan, which is Ext. Ka-17. He recorded the statements of Bhola, Ved Prakash Misra, Chaukidar, and Basant Lal. ONe scooter, which was left on the road by the assailants was recovered by S. I. Narendra Singh Tewatiya and deposited by him at P. S. Bisalpur. In the Dickey of the scooter a licence in the name of Beniram Gangwar was recovered which was taken into possession. ON 29-9-2000 Bhanu Pratap Gangwar and Rajesh Kumar Gangwar were arrested. ON the pointing out of Bhanu Pratap Gangwar a 315 bore pistol was recovered and a 12 bore pistol was recovered on the pointing out of Rajesh Kumar Gangwar. The pistols were sealed and recovery memo was prepared which is Ext. Ka-5. He also prepared the site plan of the place of recovery of the country made pistols, which is Ext. Ka-18. ON the basis of recoveries of the country made pistols case under Section 25 Arms Act was registered. A letter was also recovered from the pocket of the deceased, which is Ext. Ka-3. ON 14-10- 2000, statements of Ram Krishna Agnihotri, Azam Khan and S. I. Narendra Singh Tewatiya were recorded. ON 17-10-2000 statement of Atul Kumar Sexana under Section 164 Cr. P. C. was recorded by the Magistrate. ON 23-10-2000 recovered Pistols were sent for scientific laboratory test. After conclusion of the investigation he submitted charge-sheet against the accused persons.

(3.) AFTER the submission of charge-sheet case was committed to the Court of Session and the Sessions Judge had framed charges under Section 302/34 I. P. C. and 3/25/27 Arms Act against the accused persons which was denied by the accused and claimed trial.