OM PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) THIS Criminal appeal is directed against the judgment and order dated 26-8-1982 passed by the additional Sessions Judge-I, Bijnor in Sessions trial No. 337 of 1981 whereby convicting the accused appellant No. 1 Om Prakash under Sections 302 I. P. C. and 307/34 I. P. C. and appellants No. 2 and 3 Jai Prakash and ram Kumar under Sections 302, 302/34 and 307/34 I. P. C. and sentencing them to rigorous imprisonment for life for the offence under Section 302/34 and five years' rigorous imprisonment for the offence under section 307/34 I. P. C. All the sentences were to run concurrently. The appeal filed on behalf of accused appellant No. 4 Ganga Ram stood abated vide order dated 9-10-2007.

(2.) THE prosecution case as unfolded at the trial was that the first informant Kela ram (P. W. 3) was a peon in Janta Junior High school, Ganjalpur and Suresh Chand (P. W. 1)was the Manager of said school. There was a dispute over the office of Manager between suresh Chand (P. W. 1) and accused appellant Om Prakash. The proceedings under section 107/116 Cr. P. C. were initiated against both the parties and the date 15-6-1981 was fixed for hearing of that case. The accused appellants came to the house of the first informant two days prior to the incident and demanded the keys of the almirahs, kept in the school premises. The complainant said that he would handover the keys only after receiving an order from Suresh chand. The accused Om Prakash being annoyed with his reply threatened the first informant with dire consequences. On 5-6-81 at about 10. 30 p. m. the, accused Om prakash armed with a gun along with co-accused Jai Prakash, Ganga Ram and Ram kumar all armed with lathi and sticks came at the house of first informant and de-" manded the keys of the almirahs. The first informant having refused to deliver the keys he as well as his wife and father were subjected to assault with lathi, sticks, kicks and fists. Accused Om Prakash started firing from his gun when he raised alarm. The outcries raised by the first informant attracted suresh Chand (P. W. 1), Kishan (victim)Yasin, (P. W. 2), Parma (D. W. 1) and Gullar to the spot. Seeing the witnesses the accused fled away from the house of first informant. Kishan, Parma and Yasin sustained fire arm injuries and first informant, his father and wife suffered blunt object injuries. Kishan died at the spot due to gun shot injuries. The written report (Ext. Ka-1) was scribed by Suresh Chand (P. W. 1) at the dictation of kela Ram and was lodged at the police station Mandawar on 6-6-81 at 1. 30 a. m. On the basis of written report the F. I. R. (Ext. Ka-7) was prepared by constable Mahesh chand Sharma (P. W. 4) and crime was registered in the General diary (Ext. Ka-8 ). The special report was sent through C. P. Om prakash on 6-6-81 at 7. 30 a. m. and an entry in this regard was made in the General diary (Ext. Ka-9 ). The accused Om Prakash, jai Prakash and Ram Kumar were arrested the same day and\were lodged in the lock up of police station at 12. 15 O'clock noon and entry (Ext. Ka-11) in this regard was made in the G. D.

(3.) THE inquest on the dead body of Kishan was conducted by S. H. O. K. K. Tyagi (P. W. 7 ). The inquest memo, photo-lash, challan lash, letter to C. M. O. (Exts. Ka 13 to Ka-16) were prepared,during the course of inquest and sealed dead body was handed over to C. P. Surendra Singh (P. W. 5) and Ishan Singh for transportation to the mortuary of Civil hospital, Bijnor for post-mortem. The blood stained bedding was taken in police custody under the memo (Ext. Ka3 ). The torches of the witnesses were inspected and handed over under the memo (Ext. Ka-2) and (Ext. Ka-17 ). The site plan of the place of offence (Ext. Ka-18) was prepared. Two empty cartridges were recovered from the spot and memo (Ext. Ka-4) was prepared. At the time of arrest of accused Om Prakash recovery of single barrel gun No. 2242-71 and two live cartridges. 12 bore was made from his possession and memo (Ext. Ka-19) was prepared.