SHIAM Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Shukla, J. Shiam and Ritthu appellants have preferred this appeal against the judgment and order dated 14-11-77, passed by the Sessions Judge, Dehradun, whereby he has convicted and sentenced Ritthu appellant under Sections 302 and 323, I. P. C. and sentenced him to imprisonment for life and six mouths'. respectively on the aforesaid counts. Shiam appellant has been convicted of the offence under Section 323, IPC. and sentenced to six months' R. I. The other three accused, namely, Ashok, Kalu and Dallu have been acquitted of all the charges leveled against them.

(2.) BRIEF facts of the prosecution case are that on 17-8-76 Inder Singh (P. W. I) complainant and Kundan (deceased) had gone to see the JANMA-SHTAMI fair in Raipur. When they reached the canal bridge at about 5 p. m. , the aforesaid five accused, one Anup and two or three other persons met them. Among them Ritthu, Shiam and Anup had Lathis while others were empty handed. They remonstrated the complainant and Kundan (deceased) that they acted as informers against their friends, Baru and Shashi on which an altercation followed. Complainant Inder Singh and Kundan (deceased) were then attacked by the aforesaid 8-9 persons with Lathis, kicks and fists, Kundan died at the spot while Inder Singh complainaat sustained several injuries. On their alarm the witnesses, Laxman Siagh (PW 2), Prem Dutt Sharma (PW 6) and Inder Siagh (PW 7) arrived. It is further alleged that appellant Ritthu threw Kuadan deceased into canal shouting that he had laid him cold and he cared little for being hanged. Thereafter all the accused escaped. Then luder Singh complainant got an F. I. R. written by Bharat Singh and lodged it at police station, Dalauwala at 5. 50 p. m. on the same day. A case was registered and investigation started by Sri Anand Swarop Sharma (P W 9 ). The statement of the complainant was recorded by him at the police station and Shiv Raj Singh, S. I. (P. W. 8) was sent to the place of occurrence. The 1. O. also reached the place of occurrence. After some time the dead body of Kundan was recovered from a lower point of the canal and formalities of the inquest report etc. were done by Shiv Raj Singh, S. I. (P. W. 8 ). Thereafter the dead body was sent for post mortem examination.

(3.) AFTER completion of the investigation six persons were sent up for trial. Out of whom four, namely, Ritthu, Dallu, Shiam and Anup were stated as absconding. Later on the first three had appeared in the trial court and only Anup remained absconding. Thus in this trial five persons mentioned above were tried.