MANNI AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) We have heard Shri Abhishek Gupta, Shri Rajrshi Gupta, and Shri R.K. Sharma, learned counsel for the appellants and Shri Amit Sinha, learned A.G.A. for the State.

(2.) The present criminal appeal has been filed against the judgment and order dated 6.8.1983 passed by Vth Additional Sessions Judge, Meerut in Sessions Trial No.304 of 1982 convicting the appellants under Sections 302 read with 34 Penal Code and sentencing them to undergo life imprisonment with fine of Rs.3000.00 to each of the appellants and in default of payment of fine to further undergo three years rigorous imprisonment.

(3.) The prosecution case in brief is that on 15.6.1982 at about 7:00 a.m. in the morning Hukum Singh had gone to attend call of nature. In the way accused appellants Manni and Chamel son of Mattar, Santu son of Dheer Singh and Surendra son of Beer Singh came out from a sugarcane field of appellant Surendra. Appellants Manni and Santu were armed with spades, Chamel had a spear in his hand and appellant Surendra had a sickle (Darati). All of them surrounded Hukum Singh and started assaulting him with their weapons. Hukum Singh raised cry for help upon which informant Mooley, his brother Bishambhar, Charan Singh son of Dasrath Singh, Chandrabhan son of Prem Singh and Preetam Singh son of Dalel Singh arrived there and saw the accused brutally assaulting the victim. The informant reached to the victim but he soon discovered that his son had died by the assault caused by the accused appellants with spades, spear and sickle (daranti) on the way near a keekar tree and seeing the informants and other persons coming there, accused persons had run away towards western side leaving two spades and a sickle at the scene of occurrence. One of the spades contained name of accused Santu. Hukum Singh who had sustained multiple injuries was lying dead on the ground. Leaving the dead body on the spot the informant Mooley came to the police station and lodged a case of murder. After registration of the FIR, the investigation was carried out by Investigating Officer Badan Singh Yadav. He rushed to the village accompanied with police personnel and reached on the spot. Blood stained and simple mud as well as blood stained clothes were collected by the Investigating Officer. He prepared Fard recovery memos which are Ext. Ka-5 and Ka-6. Similarly, blood stained darati (sickle) and two spades were also recovered by the police and recovery memo was prepared as Ext. Ka-3. The Investigation Officer sealed dead body of Hukum Singh and sent it for post-mortem examination. After completion of investigation, charge sheet was submitted against accused appellants Manni, Santu, Chamel and Surendra.