PARMATMA Vs. STATE OF U.P

JUDGEMENT

(1.) Being aggrieved with the judgment and order passed by learned Sessions Judge, Siddharth Nagar on 9.9.2004 in Sessions Trial No.171 of 1999 arising out of Crime No.184 of 1996 under section 302 read with Section 34 I.P.C, Police Station Khesaraha, District Siddharthnagar, appellants namely Shri Parmatma Pandey and Shri Rajendra have filed this appeal against the judgment wherein learned Sessions Judge has held both appellants guilty under section 302 read with Section 34, IPC and punished both of them with life imprisonment and fine of Rs. 1000/- and in default to serve additional imprisonment of six months.

(2.) The brief facts of the case are that in the intervening night of 17/18.8.1996 at about 2.00 a.m. at Village Athlohiya P.S Khesaraha District Siddharth nagar, accused/appellants committed murder of Shri Ramkaran inflicting injuries by Farsa (Gandasa) and knife. The complainant Shri Deo Narain Pandey, who is the son of the aunt of the deceased presented application Exhibit Ka-1 in the Police Station Khesaraha, with assertion that the accused Shri Omprakash with Katta, Shri Parmata Pandey with Farsa, Shri Rajendra with knife and Shri Sumer with Danda inflicted injuries upon Shri Ram Karan at the said time and date. Hearing the cries of Shri Ram Karan, the sister-in-law and niece of Shri Ram Karan woke up and ran towards its source. Both were seen in the light of the torch, inflicting injuries upon Shri Ram Karan. Shri Ram Karan died due to injuries sustained in said assault.

(3.) In pursuance of the application, Exhibit Ka-1, a Case Crime No.184 of 1996 under section 302 IPC was registered at 8.40 a.m. on 18.8.1996. After registering of Crime, S.O Shri Seo Das Yadav took investigation in his hand and recorded the statement of informant Shri Deo Narain Pandey and constable clerk Shri Prem Lal Srivastava. Later on Investigator visited the place of occurrence at Village Athlohiya, where he first of all recorded the statement of Smt. Durgawati under section 161 Cr.P.C., 1973 Thereafter, he prepared the inquest report of the dead body of Shri Ram Karan and relevant documents for postmortem and sent dead body to the District Head Quarter Sidharthnagar. Later on, the place of occurrence was inspected and site plan was prepared, incriminating material objects which were found near the dead body and place of occurrence were taken in the possession of police and the documents were prepared.