CHHOTEY LAL Vs. STATE OF U P

JUDGEMENT

(1.) -Both these appeals have been filed against the judgment and order dated 4.6.2005, passed by Additional Sessions Judge, Court No. 2 district Ghazipur in S.T. No. 118 of 1995 whereby the appellants have been convicted under Section 302/34, I.P.C. and sentenced to life imprisonment.

(2.) BRIEFLY stated the prosecution case is that on 2.8.1994 at 9 a.m. the informant Rakesh Kumar Singh and his father were going on a Cycle. He had to attend his duty in Hydel Department, Mau. The informant was sitting on the carrier of Cycle for going to his school situated in village Mardah. There was enmity between his family and family of Chhotey Lal Kashmira. As they came out of the village Chhotey Lal, Tappu alias Kishore Kashmira and Om Prakash carrying gandasa in their hands and Potu alias Chaitanya Swaroop armed with knife came running from the back side and started assaulting his father Surya Nath Singh with gandasa and a knife. He ran and raised cries. His mother Savitri and Udhav Misra, Ram Chandar Yadav, Maniram Yadav, Ramesh Chandra Sharma and several other persons reached there and witnessed the occurrence. The accused persons ran away towards the eastern side after assaulting his father who died and his dead body was lying on the spot. The report was registered at police station Mardah on 2.8.1994 at 10 a.m. On the basis of a written report of Rakesh Kumar, Head Constable Shankar Sharan Pandey prepared the chik F.I.R. and G.D. entry which are Ext. Ka-2 and 3. After registration of the case Station House Officer Ganga Prasad commenced investigation. He prepared the inquest report on the dead body of Surya Nath Singh and handed over in a sealed condition to constable Nagendra Yadav and Mukteshwar Pandey for carrying the same to the mortuary for post mortem examination. The inquest memo is Ext. Ka-4 and the relevant papers for the post-mortem examination are Exts. Ka-5 and Ka-6. He recorded the statements of Rakesh Kumar Singh and Smt. Savitri Devi. On the pointing of the informant he prepared the site plan, which is Ext Ka-10. Cycle of the deceased, a bag containing a diary, a wrist watch, Rs. 120 cash, one dot pen and two pencils were recovered and handed over to Savitri Devi. He also collected blood smeared and plain earth from the place of occurrence under a recovery memo, which is Ext. Ka-12. After conclusion of the investigation he submitted the charge-sheet against the accused persons.

(3.) AFTER the submission of the charge-sheet the case was committed to the Court of Session. The Sessions Judge has framed charges under Section 302/34, I.P.C. against the accused persons.