RAJJAN CHAMAR Vs. STATE OF U.P

JUDGEMENT

(1.) CHALLENGE in these appeals is to the judg­ment and order dated 5.4.2006 passed by Sri S.K. Samadhiya, the then Sessions Judge Hamirpur, in S.T. No. 161 of 2003 (State v. Ramakant and others), whereby after acquit­ting the respondents-accused Ramakant, Chhotey, Smt. Jai Devi and Smt. Munni Devi of the offences under sections 148, 302 and 307 both read with section 149 of In­dian Penal Code (in short 'the IPC'), and further acquitting the appellant-accused Rajjan Chamar of the offences under sec­tions 148 and 307 read with section 149 IPC, in Case Crime No. 58/2002 of P.S. Kurara (Hamirpur), he has been convicted and sentenced to death sentence under section 302 IPC and imprisonment for life and to pay a fine Rs. 50,000/- under section 326 IPC with further imprisonment for one year in default of payment of fine. Out of the amount of fine, Rs. 40,000/- have been paid as compensation to the victim injured Smt. Ramwati w/o deceased Maiyadeen.

(2.) CAPITAL sentence reference in terms of section 366 of the Code of Crimi­nal Procedure (in short 'the Cr.P.C.) has been sent by the Trial Court for confirma­tion of death sentence.

(3.) LEAVING the dead body of Mai­yadeen in the field in supervision of family members and carrying the injured Smt. Ramwati, the complainant Bhaiya Lal went to P.S. Kurara, where he handed over written report Ext. Ka 1, which was scribed by Kamal Singh (P.W.4). On the basis of this written report, chik FIR Ext. Ka 12 was prepared by the then head moharrir Shyam Swaroop (P.W.8), who registered a case on 12.4.2002 at 8.05 p.m. under sections 147, 148, 307, 302/34 IPC at Case Crime No. 58/2002 against all the five accused named above and made entry regarding registra­tion of the case in G.D. No. 130 at the same time vide Ext. Ka 13.