ASHOK AND OTHERS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dtd. 5/4/1982 passed by Additional District and Sessions Judge, Hardoi in Sessions Trial No. 636 of 1981 corresponding to Case Crime No. 231 of 1981, Police Station Kotwali, District Hardoi, whereby and whereunder the appellants were convicted under Sec. 302/34 of the I.P.C. and sentenced to undergo imprisonment for life for committing the aforesaid offence.

(2.) The case of prosecution as per the written report dtd. 14/3/1981 filed by Puttu Lal (PW-1) is that he alongwith his son, namely, Sant Ram (deceased) had gone to Madhopur market at about 5.00 p.m. It is further stated that when they reached near an electric pole situated in front of gonda of Jai Jai Ram, the accused persons, namely, Ram Saran, Ashok and Ram Gopal arrived at that place. It is alleged that at that time accused Ram Saran was armed with a lash, whereas Ashok and Ram Gopal were armed with country made pistols. It further alleged that Ram Saran caught hold the deceased and started assaulting him with lash, whereupon the informant and deceased raised alarm, on which Rambali, Madan Lal, Maya Ram and others arrived. It is further stated that when the informant and others exhorted, appellant- Ashok took out his pistol and threatened that if anybody come forward, he will be killed. It is further alleged that thereafter appellant Ram Gopal fired from the pistol, which hits Sant Ram and he started staggering. It is then alleged that immediately thereafter appellant Ashok also fired on Sant Ram, which also hit him and he fell on the ground. Thereafter, appellant- Ashok and other fled away. It is stated that after retreat of the appellants, the informant and others went near Sant Ram and found him dead.

(3.) On the basis of aforesaid written report, Case Crime No. 231 of 1981 dtd. 14/3/1981 instituted against the accused persons under Sec. 302 of the I.P.C. and police took up investigation. It appears that Investigating Officer (hereinafter referred to as I.O.) (PW-3), had prepared inquest report of the dead body of deceased on 15/3/1981 in the morning, as, there is no arrangement for light in the night of 14/3/1981. The I.O. had also prepared other police papers viz. Challan of dead body (Exhibit Ka-3)) photo of dead body (Exhibit Ka-4), Exhibit Ka-5,. Exhibit Ka-6 and Exhibit Ka-7 and then after sealing the dead body sent the same for post-mortem examination. It appears that PW-5, Dr. V.K. Jain conducted post-mortem examination on the dead body of deceased Sant Ram on 15/3/1981 at 2.40 p.m. and found three ante mortem injuries, out of which two were caused by fire arm, whereas, one caused by hard and blunt substance such as lash. The doctor further opined that the deceased died as a result of shock and hemorrhage, due to aforesaid ante-mortem injuries. It is then appear that the I.O. had inspected the place of occurrence and prepared site map (Exhibit Ka-9) and also seized blood stained earth as well as plain earth from the place of occurrence and prepared memo of recovery (Exhibit Ka-10). The I.O. had recovered pellets, one empty cartridge, dot of pellets and sleeper (chappal) of the deceased from the place of occurrence and prepared memo of recovery (Exhibit Ka-11). It then appears that after completing the investigation, the I.O. submitted charge-sheet (Exhibit Ka-12) against all the three accused persons under Sec. 302/34 of the I.P.C.