BHAGWAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) ACCUSED appellant Roop Chand named above along with nine others, viz., Kalyan Das, Hukum Singh, Israil, Raman, Lallu, Dulhey Ram, Bhagwan Singh, Pratap and Yad Ram were put on trial before the Sessions Judge, Mathura under Section 147/148/302/307/149, I.P.C. relating to Case Crime No. 89 of 1977 of police station Kosi Kalan, district Mathura (U. P.). Sri O. P. Mehrotra, the then learned Sessions Judge, Mathura vide his judgment and order dated 17.3.79 found (1) Kalyan Das, (2) Pratap, (3) Roop Chand, (4) Israil and (5) Dulhey Ram guilty for offence punishable under Section 302/149, I.P.C. He convicted and sentenced each of them to imprisonment for life. These five accused persons were further found guilty for the offence punishable under Section 307/149, I.P.C. and were sentenced to undergo imprisonment for five years each. They were further held guilty for the offence punishable under Section 148, I.P.C. and were sentenced to undergo R.I. of two years each. All these sentences were made to run concurrently. ACCUSED Raman (6) was found guilty for the offence punishable under Section 148, I.P.C. and was sentenced to undergo R.I. for one year. ACCUSED (7) Hukum Singh, (8) Bhagwan Das, (9) Dulhey Ram and (10) Yad Ram were found guilty for the offence punishable under Section 147, I.P.C. and were sentenced to undergo imprisonment for a period of six months each. Aggrieved by the said order of conviction and sentence, four appeals were preferred before this Court. They were Criminal Appeal No. 957 of 1979, which was preferred by accused Kalyan Das and Hukum Singh, Criminal Appeal No. 958 of 1979 was preferred by Bhagwan Singh, Pratap Singh, Dulhey Ram, Yad Ram and Roop Chand, Criminal Appeal No. 900 of 1979 was preferred by Israil. Raman and Lallu and Criminal Appeal No. 1151 of 1979 was also preferred by Hukum Singh and Kalyan Singh. Since all these appeals arose out of one and the same judgment, they were heard together and were dismissed by Hon'ble N. L. Ganguly and Hon'ble R. N. Ray, Judges of this Court. Out of these appellants Roop Chand went up before the Hon'ble the Supreme Court of India and filed Criminal Appeal No. 782 of 1997 which was remanded to this Court with the following observations :

(2.) IN accordance with the aforesaid directions of the Hon'ble Supreme Court, we afforded the opportunity of being heard to the accused appellant Roop Chand, the State and the complainant.

(3.) S.I. Vidya Ram, P.W. 7, who was then working as Sub-Inspector of Police at police station Kosi Kalan immediately took up the investigation of the case. He immediately recorded the statement of Toti, P.W. 1 and three other witnesses and at about 6.05 a.m. he along with another S.I. and two police constables went to Kosi Hospital. He found the dead body of deceased Ballabh in the trolley of tractor at the hospital. He prepared inquest report in respect of the dead body of Ballabh and after preparing necessary papers sent it for post-mortem examination through constable Kishori Lal, P.W. 2. He, thereafter inspected the spot and prepared site plan Ex. Ka. 16. He recovered bloodstained earth and simple earth from the scene of occurrence and prepared recovery memos, Ex. 8 and 9 about the same. He recorded the statement of Roopi, P.W. 4 and other witnesses. He tried to apprehend the accused persons, but to no avail. On spot inspection he found that the minor of the canal was about 9-10 paces wide and 4-5 paces deep. There was a patri on both side of this minor. Subsequent investigation into the matter was conducted by the Station Officer Suresh Chandra Katiyar, P.W. 8 and S.I. Mohan Singh, P.W. 9 who submitted charge-sheet against the accused persons. At the trial the accused-appellant pleaded not guilty. The learned Sessions Judge, however, believed the contention of the prosecution and convicted and sentenced the accused persons. Thus the appeal.