MATGANJAN Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal under section 374 (2) of the Code of Criminal Pro ­cedure (in short 'the Cr.P.C.'), is directed against the judgment and order dated 9.6.1981 passed by 1st Additional Sessions Judge, Banda, in S.T. No. 68 of 1980 (State v. Matganjan and others), whereby convict ­ing the appellants Matganjan, Shiv Sampat & Krishanpal (hereinafter to be referred as 'the accused'), under section 302 and 201 both read with section 34 IPC, they have been sentenced to undergo imprisonment for life and three years rigorous imprison ­ment respectively and acquitting the ap ­pellant -accused Chukki of the charge un ­der section 302 read with section 34 IPC but convicting him under section 201 read with section 34 IPC, he has been sentenced to undergo rigorous imprisonment for three years.

(2.) MURDER of Radhey, brother of the accused Matganjan, was committed on 29.8.1977. First information report was lodged by the accused Matganjan at P.S. Marka, District Banda on the same day. It was alleged in that FIR that on 29.8.1977 at about 10.00 a.m., first informant Matganjan Prasad, his brother Radhey and Krishnapal s/o Shiv Poojan residents of village Mau, had gone to take bath in the river in eastern side of the village. After about 10 -15 min ­utes, Shamsher Singh s/o Shiv Mangal Singh and Amar Singh s/o Chunna Singh, residents of Amaliha Purva and Bhagat s/o Ram Kumar Lohar r/o Mau, having lathi, barchhi and guns came there. Shamsher Singh and Amar Singh exhorted shaying that "tumhare bap pradhani ke chunav men mere dada Ram Sewak ke khilaph petition ka mukdama dayar kiya hai, apne bap ko mana kar do, wah mukdama utha le, nahin to aaj tumhen jan se mar denge." On this Radhey said that "Yah mamala mukadma baji hai, jo jeetega wah pradhani payega." Thereafter Bhagat said that "aise nahi manege, Binda ke dono ladakon ko aaj khatam kar do, taki taakat kam ho jave." On this exhortation, Shemsher Singh and Amar Singh fired on the first informant and his brother Radhey by guns, due to which Radhey sustained injuries and he fell down there. Matganjan and Krishnpal fled away from there and taking the side of the bandhi of fields, they began to raise noise. When Radhey fell down, Bhagat Lohar as ­saulted him by lathi. The assailants contin ­ued to fire shots and leaving Radhey in dead condition, they went away to their houses. Due to fear of the assailants, no body there from nearby fields.

(3.) S .I. Arun Kumar Shukla (P.W.1) was posted at P.S. Marka. On registration of the FIR, he reached the place of incident at about 7.30 p.m. on the same day, but due to darkness, inquest proceeding on the dead body of the deceased Radhey was conducted on 30.8.1977 at 5.30 a.m., during which inquest report Ext. Ka 4 and other connected papers Ext. Ka 5 and Ext. Ka 6 were prepared and thereafter the dead body in sealed condition was sent through the constable Shri Ram Sharma for postmortem examination, which was con ­ducted by Dr. S.K. Zama (P.W.8) on 31.8.1977 at 9.00 a.m. According to the post -mortem report Ext. Ka 12 the follow ­ing ante mortem injuries were found on the person of deceased: -