PRATAP SINGH Vs. STATE

JUDGEMENT

(1.) R. P. Nigam, J. This criminal ap peal has been preferred against the judg ment and order dated 11-4-1983 passed in S. T. No. 208 of 1982, State v. Pratap Singh and another by Hlrd Addl. Sessions Judge, Lakhimpur-Kheri by which appel lant No. 1 Pratap Singh was convicted under Section 307, IPC and sentenced to undergo rigorous imprisonment for 8 years and to pay a fine of Rs. 2000 and in de fault of payment of fine to further undergo rigorous imprisonment for one year and appellant No. 2 Surcndra Singh was con victed under Section 307 read with Section 34, IPC and was sentenced to undergo rigorous imprisonment for 8 years and to pay a fine of Rs. 2000 and in default of payment of fine to further undergo rigor ous imprisonment for one year. It was also ordered that the amount of fine if realised, would be paid to the injured Hamid Ullah Khan for the injuries sustained by him.

(2.) THE case of the prosecution as dis closed in the written report Ex. Ka-1 lodged by Bahadur Khan PW-1 in the po lice station Mohamdi, District Lakhimpur-Kheri on 2-104980 at 11. 00 a. m. is as follows:

(3.) AFTER registration of the case, in vestigation of the case was entrusted 10 S. I. Bhagwati Prasad Chaudhry PW-4. He started the investigation of the case and he recorded the statements of Bahadur Khan and injured Hamid Ullah Khan in the po lice station on 2-10-1980 and after that he proceeded for the spot and reached there and there he recorded the statements of Akbar Khan and Ali Hassan, Nabi Khan witnesses. He inspected the spot and on Nishandehi of the witnesses prepared site plan Ex. Ka-4. He found blood on the spot and he had taken blood stained clay and simple clay from the spot in his possession and sealed them in two separate contain ers and prepared memo in respect of them which is Ex. Ka-6. he found tiklis of cartridges on the spot and had taken these tiklis in his possession and had kept them in a potli and sealed them and prepared memo in respect of them which is Ex. Ka-6. Sri Bhagwati Prasad S. I. had taken li cenced gun of Surendra Singh from his house in presence of the wife of Surendra Singh on 11-10-1980 and prepared memo in respect of it which is Ex. Ka-7. He on 17-10-1980 recorded the statement of the witnesses of the memo Surendra Singh. He after completing the investigation, laid charge-sheet Ex. Ka-8 against the accused appellants under Section 307/504, IPC.