NATHU SINGH Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order dated 7.5.2005 passed by Sri Gaur Chandra, the then Additional Ses ­sions Judge, Court No 3, Budaun in S.T. No. 965 of 2002 (State v. Nathu Singh and others) and connected S.T. No. 21 of 2003 (State v. Arvind and others) whereby the appellants -accused Nathu Singh, Vir Pal Singh, Arvind and Narendra Singh have been convicted and sentenced to undergo rigorous imprisonment for one year under section 147 I.P.C., two years rigorous imprisonment under section 148 I.P.C. and imprisonment - for life under section 302 read with section 149 I.P.C. in case crime No. 125/2001 of P.S. Islamnagar (Budaun).

(2.) THE appellants -accused Nathu Singh, Vir Pal Singh and Arvind have been acquitted by the impugned judgment in case crime Nos. 129/2001, 130/2001 and 131/2001 under section 25 Arms Act, but no appeal against their acquittal has been preferred by State of U.P.

(3.) S .I. Brij Kishore Dwivedi was posted as Station Officer at P.S. Islamnagar. He took up the investigation in his hands and proceeded to the place of occurrence along with S.I. Bachchu Singh and other police personnel. On his direction, S.I. Bachchu Singh (P.W.4) conducted inquest proceedings on both the dead bodies, dur ­ing which he prepared inquest reports Ext. Ka -4 and Ext. ka -10 alongwith connected papers Ext. Ka -5 to Ext. Ka -9 and Ext. Ka ­il to Ext. Ka -15. Thereafter, both dead bodies were sent in sealed condition for post mortem examination.