BIJENDR Vs. STATE OF U.P.

JUDGEMENT

(1.) Accused-appellant Bijendra has preferred this appeal u/s 374 (2) of Crimial P.C. against the judgement and order dated 23.3.1993 passed by Special Judge Muzaffarnagar in S.T. No. 328 of 1982, State Vs. Bijendra, convicting the accused-appellant u/s 302/34 I.P.C. and sentencing him to rigorous imprisonment for life.

(2.) The prosecution story as unfolded by the written report of the incident (Ext.Ka.1) and as testified later by the prosecution witnesses of fact produced during the trial is that while P.W.1 Tahir and his uncle Abdul Aziz on their way to Khadar on 13.1.1992 where they were going to recover their amount which was due to them form certain persons in connection with the sale of their cattle, were passing through the jungle of Kanawali at about 1:30 P.M., three persons armed with lathi, danda, tabal and country-made pistol stopped Abdul Aziz (deceased) and P.W.1 Tahir and asked them to part with all their belongings forthwith on which Abdul Aziz, who had recognised one of them as Bijendra exclaimed that why he was behaving with him in such a manner despite being his old acquaintant. On being recognised, accused-appellant Bijendra exhorted his other two companions to kill Abdul Aziz. Immediately after the exhortion, accused-appellant Bijendra struck a lathi blow on Aziz but somehow P.W.1 Tahir managed to escape from the scene of occurrence, raising cries for help. In the meantime, the remaining two unknown accused also started beating Abdul Aziz. Hue and cry raised by P.W.1 Tahir attracted P.W.2 Yasin, P.W.3 Riyasat Ali, Qasim and many other persons to the place of occurrence who witnessed the same. The accused ran away, leaving Abdul Aziz in an injured condition. P.W.1 Tahir arranged a buffalo cart from nearby village Yogendra Nagar and put the injured Abdul Aziz into the buffalo cart with the help of P.W.2 Yasin, P.W.3 Riyasat Ali and Qasim for taking him to the hospital. However, Abdul Aziz succumbed to the injuries received by him at the hands of the accused appellant and his two companions on way to the hospital at village Sikri. Leaving behind the dead body of his uncle Abdul Aziz at the "chaupal" of village Sikri, P.W.1 Tahir went to his village and returned from there, with the village Pradhan back to the place where he had left the dead body of the deceased in the custody of P.W.2 Yasin, P.W.3 Riyasat Ali and Qasim from where he went to P.S. Bhopa and on his dictation, one Mohd. Nadim, S/O Israt, scribed the written report of the incident (Ext.Ka.1) outside the P.S. Bhopa which was lodged by him at the same police station on 13.1.1992 at 7:45 P.M. P.W.4 Head Moharrir Harsaran Sharma on the basis of the written complaint (Ext.Ka.1) registered the case at crime no. at 18 of 1992 at 7:45 P.M. against accused-appellant Bijendra and his two other unknown companions. P.W.4 Head Moharrir Harsaran Sharma noted extract of the F.I.R. (Ext.Ka.2) in the G.D. (Ext.Ka.3).

(3.) P.W.7 S.O. Manoj Kumar Kaushik started the investigation of the case on 11.1992. He recorded the statements of P.W.4 Head Moharrir Harsaran Sharma, P.W.1 Tahir, P.W.2 Yasin, P.W.3 Riyasat Ali, Qasim and Nadim etc. On 14.1.1992, P.W.7 S.O. Manoj Kumar Kaushik visited the place of occurrence and prepared the site plan (Ext.Ka-11). He collected blood stained and plain earth from the scene of occurrence and prepared recovery memo (Ext.Ka-12). He sealed the blood stained and plain earth in two different packets. The same were produced during the trial and marked as material (Ext.Ka-7 and Ext.Ka-8).