RADHEY SHYAM Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Jain, J. This criminal appeal has been preferred by the appellants under Section 374 (2) Cr. P. C. against the judgment and order dated 31-8-1982 passed by learned 7th Additional Sessions Judge, Azamgarh in Sessions Trail No. 192 of 1981, State v. Radhey Shyam and two Ors. , whereby the learned Additional Sessions Judge convicted appellant Radhey Shyam under Section 302 I. P. C. and sentenced him to undergo life imprisonment. Appellant Radhey Shyam was also convicted under Section 307 I. P. C. and sentenced to undergo rigorous imprisonment for a period of ten years and to a fine of Rs. 250/- and in default rigorous imprisonment for one year.

(2.) APPELLANTS Khurchun and Smt. Dulari were convicted under Section 302 read with Section 34 I. P. C. and sentenced to undergo imprisonment for life. They were further convicted for the offence under Section 307 read with Section 34 I. P. C. and sentenced to undergo rigorous imprisonment for seven years and sentenced to pay a fine of Rs. 100/- and in default of payment of fine a further sentence of rigorous imprisonment for a period of six months was imposed on each of them.

(3.) ON the basis of this report made by Smt. Surati Ext. Ka-1 a chick report Ext. Ka-5 was written by P. W. 6 H/c Mulli Lal and case was registered by him in the GD report No. 14 at about 12. 10 p. m. as per Ext. Ka- 6. The two injured namely, Smt. Surati and Man Dev were sent for their medical examination. Their injuries were examined at PHC Thekma. Their injury reports are Ext. Ka-2 and Ka-3 on the record. PW7 Kamleshwar Pandey who was posted as Station Officer, took up the investigation, recorded the statement of Mulli Lal Head Constable, Surati and thereafter along with constable and one Sub- Inspector went to the place of occurrence, held inquest of dead-body of Ram Shabd prepared its report Ext. Ka-8. After sealing the dead-body of Ram Shabd and preparing necessary papers for post-mortem sent the same for post-mortem to Sadar Hospital, Azamgarh. From the place of occurrence he took the blood stained and ordinary earth into his possession, sealed the same and prepared recovery memo Ext. Ka-15 and after preparing the site plan Ext. Ka-16, he remitted the charge-sheet Ext. Ka-17 against the accused persons.