BADAN SINGH AND RAM DAS Vs. STATE O

JUDGEMENT

(1.) K. S. Rakhra, J. These are two connected criminal appeals against the judgment and order dated 8. 3. 1982 of Vth Additional Sessions Judge Budaun in Sessions Trial No. 384 of 1980 whereby the three appellants Badan Singh Ram Das and Asharfi have been convicted and sentenced to life imprisonment under section 302/34 IPC, two years imprisonment under section 324/34 and two years imprisonment under section 452 IPC.

(2.) DURING pendency of the appeals appellant Asharfi in Criminal Appeal No. 633 of 1982 has expired and similarly appellant Badan Singh in Criminal Appeal No. 632 of 1982 has died and their death has been confirmed by Chief Judicial Magistrate Budaun vide his letter dated 18th July 2007. In view of this Criminal Appeal No. 633 of 1982 (Asharfi v. State) and in Criminal Appeal No. 632 of 1982 appeal of Badan Singh stands abated. This leaves us to consider the appeal of Ram Das alone. It may be mentioned here that all the three appellants were real brothers and their fourth brother Satyapal was also allegedly involved in this crime but he was not charge-sheeted as the police could not arrest him and his whereabouts could not be known.

(3.) THE report was registered as Crime No. 263 of 1979 under sections 452/302/307 IPC and its investigation was taken up by Soran Singh S. I. (P. W. 7 ). He recorded statement of the first informant at the police station itself and proceeded to the place of occurrence at 17-10 hrs on the same day. He found dead body of Amar Singh lying in the passage near the house of Mathura Prasad. He held the inquest of the dead body in presence of the witnesses and sent the dead body for autopsy after due formalities. THE site plan of the place of occurrence was also prepared by him. THE Investigating Officer also recovered the broken head of Bhala and a magazine of the revolver with two bullets of 32 bore loaded therein. He also collected sample of blood stained and plain earth from the place of occurrence. Statement of Smt. Gaya Kunwar was also recorded by him and she was sent for medical examination. At the threshold of the door of the informant also the Investigating Officer found signs of assault and collected blood stained and plain earth there from. He also collected one pellet and three wadding from that place. Blood stains were also found on the matting and wooden parts of the cot. After completion of investigation, a charge-sheet was submitted against three persons Asharfi, Badan Singh and Ram Das who are all sons of Badri Singh but their fourth brother Satyapal who was also allegedly involved in the crime remained absconding.