RAMA SHANKER PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been preferred by the accused-appellants Rama Shanker Pandey and Ghanshyam Sharma against the judgment and order dated 15.10.1981, passed by Shri P. N. Roy, the then Sessions Judge, Moradabad in S.T. No. 325 of 1981, by which they have been convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) THE facts giving rise to case are as under : That the complainant-informant Amar Singh and deceased Sheonath Singh were residents of village Jatpura, police station Dilari, district Moradabad. THE appellants were the employees of Khadi Bhandar, Jatpura. It appears that some incidents of theft were being committed in the godown of Khadi Bhandar and the appellants had suspicion against the deceased. In the intervening night of 12/13.3.1981 at about 10 p.m., the deceased was sleeping at his house after taking food. THE appellants alongwith Raja Ram Yadav and Ram Kumar Azad came to the house of the deceased and took him with them for some talks regarding theft in the Khadi Bhandar. THE deceased did not turn up in that very right. In the next morning Smt. Chandra Wati, the wife of the deceased Sheo Nath Singh went to the house of Amar Singh, who was the collateral of the deceased and told him about the said facts. She also requested him to search out her husband. Amar Singh went out in the village in search of the deceased. When he reached near the bus station Jatpura one Jagdish Singh, the owner of Truck No. USF 7323 and its driver Jai Singh met him and told him that in the last night at about 12, they were going towards Rampur on their truck and saw that seven persons were coming out of the Khadi Bhandar Godown situate in the house of Basant Singh and they were Ram Kumar, Rama Shanker Pandey, Raja Ram, Ghanshyam, Hanuman Singh, Brahma Pal Singh and Lal Behari Lal. Ram Kumar had an iron-rod in his hand and the rest had lathis. Ram Kumar, Rama Shanker, Raja Ram and Ghanshyam told them that they had caught the thief in the Gandhi Ashram Godown. On this information Amar Singh went to the Gandhi Ashram Godown and saw that the door of the godown was opened and the dead body of Sheo Nath Singh was lying on the earth. He started weeping and the village people assembled there. He sent information to the family members of the deceased and reported the matter to Dilari police vide F.I.R. Ext. Ka-3. THE police registered a case on Crime No. 42 of 1981 under Section 302, I.P.C. against the named persons including the appellants as is evident from the Check Report Ext. Ka-2. This report was lodged at Dilari police station on 13.3.1981 at 9.15 a.m. In the meantime, appellant Rama Shanker Pandey also lodged a report on the same police station at 9.30 a.m., which is Ext. Ka-16 and police registered a case on Crime No. 42A of 1981 under Sections 457 and 380, I.P.C. against the deceased Sheo Nath Singh as is evident from Check report Ext. Ka-15. Dilari police started investigation. THE Investigating Officer visited the spot, inspected the place of occurrence, prepared site-plan Ext. Ka-10, inquest report alongwith the other connected papers Ext. Ka-5 to Ext. Ka-9 and sent the dead body for autopsy. Dr. Akhilesh Gomat conducted autopsy on the dead body of the deceased. THE post-mortem report is Ext. Ka-1. THE Investigating Officer recorded the statement of the witnesses and after completing the investigation submitted charge-sheet Ext. Ka-13 against the accused persons.

(3.) IN support of its case, besides the documentary evidence, the prosecution has examined Dr. Akhilesh Gomat P.W. 1, who had conducted the autopsy on the dead body of the deceased. He has proved the post-mortem report Ext. Ka-1. P.W. 2 Amar Singh, P.W. 3 Smt. Chandra Vati, P.W. 4 Basanta, P.W. 5 Jagdish and P.W. 6 Kallu Singh are the witnesses of fact. P.W. 7 Constable Mahesh Pal Singh had recorded the F.I.R. Ext. Ka-16 of Amar Singh and prepared Check report Ext. Ka-15. IN his cross-examination he has also proved the G. D. entry Ext. Kha-1 lodged by Rama Shanker Pandey, the present appellant. He was recalled by the prosecution and proved check report Ext. Ka-15 prepared on the basis of written report Ext. Kha-1. P.W.-8 is S.I. Balbir Singh, who had prepared the inquest report and other papers Ext. Ka-5 to Ext. Ka-9 and had sent the dead body for autopsy. He had also prepared the site plan of the place of occurrence Ext. Ka-10. Some incriminating articles were also taken by him from the spot by preparing the memo Ext. Ka-11 and Ext. Ka-12. The later part of the investigation was done by S.I. K. Sharma, who has been examined as P.W. 9 and submitted charge-sheet Ext. Ka-13 against the accused. Besides these witnesses, constable Sardar Wali Khan had filed his affidavit in evidence which is Ext. Ka-14.