RAJ BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) D. K. TVivedi, J. The present Criminal Appeal arises out of the judg ment and order dated 7-9-1979 passed by the IVth Additional Sessions Judge, Unnao, convicting appellants Raj Bahadur and Poley under Section 302/34, I. P. C. and sentencing each of them to undergo Imprisonment for Life. Both the accused were further convicted under Sec tion 394, I. P. C. and sentenced to undergo Rigorous Imprisonment for a period of Five Years and to pay a fine of Rs. 1000 each and in default of payment of fine each of the two appellants were directed to un dergo Rigorous Imprisonment for a fur ther period of one year. The substantive sentences of imprisonment were directed to run concurrently.

(2.) ACCORDING to the prosecution case the incident took place on 12-3-1978 within the local limits of village Bhooran-har situate in village Islam Nagar Police Station Ashoha, District Unnao. Accord ing to the prosecution case Smt. Gumta resided in village Islam Nagar, Police Sta tion Ashoha, District Unnao, on 12-3-1978 at about 10. 00 a. m. she had gone towards village Bhooranhar with a Khurpa for scraping grass. At about 1. 00 p. m. her son Harish Chandra PW. 1 had also gone towards Bhooranhar for grazing his cattle and he saw his mother Smt. Gumta scrap ing grass in the Arhar field of Smt. Meera. Harish Chand went away from there and returned back to his house with his cattle at about 6. 30 p. m. but he did not find his mother in the house. Harish Chandra then immediately started search for his mother and at about 7. 00 p. m. he found Smt. Gumta lying dead near the northern "mend" of the Arhar field. He also found blood stained Khurpa lying there and the ornaments which she used to wear were found missing from her person. Harish Chandra then entrusted the dead body in the custody of his father and got a written report Ext. Ka-1 prepared by one Gaya Prasad and lodged the same at Police Sta tion Ashoha at about 8. 15 p. m. P. W. 3 Jageshwar Singh, Head Moharrir received the report and registered the case in the General Diary. The investigation was handed over to P. W. 10 R. K. Singh, Station Officer, Police Station Ashoha. The Inves tigation Officer recorded the statement of Harish Chandra at the Police Station itself and thereafter the reached the place of incident in the night on 13-3-1978. He prepared inquest report Ext. Ka-12 and other relevant papers Ext. Ka-13 to Ka-16 and handed over the dead body to Con stable Khalilul Haq for post-mortem ex amination. He also recovered blood stained Khurpa which was lying there and prepared memo in respect thereof. He also recovered blood stained as well as plain earth from the spot and prepared site plan Ext. Ka-19. he recorded the statements of theother witnesses also. On 15-3-1978 the Investigating Officer received information through some informer that accused Raj Bahadur and Poley would go towards Ban-thara for selling the properties of this inci dent and they will cross river Sai at Deora Ghat. On this information the Investigat ing Officer reached Deora Ghat at about 12. 30 p. m. and arrested the accused at Deora Ghat. It is said that one pair of silver Kara and one Pongi made of gold were recovered from the possession of Raj Bahadur who had wrapped them in an Angaunchha and one Sutia of silver and one pair of silver Karan phool were recovered from the possession of Poley who had wrapped them in a Paijama. The Investigating Officer thereafter prepared a memo Ext. Ka-11 and siteplan Ext. Ka-20 and after completing investigation sub mitted charge-sheet against the accused persons.

(3.) THE prosecution in support of its case examined 10 witnesses in all. Out of them P. W. 1 Harish Chandra is the com plainant who found the dead body of Smt. Gumta in the field. P. W 2 Dr. H. M. Saxena conducted autopsy on the dead body of the deceased and proved the post-mortem report Ext. Ka-2. P. W. 3 H. C. Jageshwar Singh received the F. I. R. and registered the case in the General Diary and prepared chik report Ext. Ka-3. P. W. 4 Ayodhya Prasad is the brother of the complainant Harish Chandra. He proved that his deceased mother used to wear the orna ments which are alleged to have been recovered from the possession of the ac cused. P. W. 5 Raj Kumar is the witness of last seen. P. W. 6 Krishna Pal Sarpanch proved the extra-judicial confession made by the accused. P. W. 7 B. S. Chauhan, Ex ecutive Magistrate conducted identifica tion of the case property and proved the identification memo Ext. Ka-9. P. W. 8smt. Umai' sister of the complainant also proved that his mother used to wear these articles. P. W. 9 Pyarey Lal is the witness of recovery and P. W. 10 R. K. Singh is the Investigating Officer who conducted in vestigation in the case and submitted charge-sheet against the accused persons.