MUNNU Vs. STATE OF U P

JUDGEMENT

(1.) THE above appeals have their genesis in a composite judgment and order dated 30.11.2006 rendered by the Special Sessions Judge, Court No. 3, J. P. Nagar. Criminal Appeal No. 698 of 2007 is a jail appeal preferred by Dharampal-appellant. It would appear that S.T. Nos. 485 of 2003, State v. Suraj and others, 482 of 2003, State v. Suraj, 483 of 2003, State v. Dharampal and 484 of 2003, State v. Munnu were knit together for trial by reason of being related to one and the same occurrence and a composite verdict has been rendered. It would further appear that Munnu, Suraj and Dharampal-appellants were convicted under Section 302, I.P.C. and out of which Suraj and Dharampal have been sentenced to be hanged till death. Appellant-Munnu has been sentenced to undergo imprisonment for life upon his being held guilty under Section 302/34, I.P.C. THE trial court also recorded conviction of the accused persons under Section 307, I.P.C. and each of them have been sentenced to suffer five years R.I. All the accused persons have further been convicted under Section 354, I.P.C. and each of them have been sentenced to undergo R.I. for two years. THE trial court also recorded conviction of the appellants-Suraj and Dharampal under Section 25 of Arms Act and sentenced each of them to suffer R.I. for two years. Accused-Munnu has been further convicted under Section 4/25, Arms Act and sentenced to undergo R.I. for one year. All the accused persons have also been sentenced to pay fine separately on various counts as embodied in the judgment of the trial court.

(2.) APPELLANT - Suraj is represented by Apul Misra, appellant-Munnu by Sri V. K. Mishra, K. S. Chahar, Sushil Kumar Tiwari and Brahm Singh and appellant-Dharampal by Sri Rajiv Gupta. The State is represented by Sri K. N.Bajpai learned Additional Government Advocate.

(3.) IT would further appear from the record that upon oral information received at 6.30 p.m. by the police of P.S. Hasanpur, from one Ghanshyam to the effect that the village people had surrounded the accused persons in the field of village Kadaua and the accused persons were firing to scare away the village people and upon receipt of this information, the police of P. S. Hasanpur rushed to the indicated place and in the jungle of village Kadaua, they found the three dead bodies and upon being guided by the village people, the police force proceeded towards north of village Hajipur. At a distance of about a furlong in the south of the village Hajipur, the police force of P. S. Hasanpur came across police force of P. S. Saldangali alongwith three accused persons who had been held tight by the public and also S.O. of P. S. Saldangali who was processing papers in the light of the petro-max and torch. IT is alleged that the S.O. Hasanpur was shown the written report prepared by Ram Prasad and Amar Singh which written report was perused by Investigating Officer who handed it back to Ram Prasad with the direction to go back to police station alongwith Vishnu Dutt for lodging the report. Thereafter, they came back to complete the formalities on the dead body of Nanak and others. After a short interval, S.O. Saldangali came there and thereafter, they all went back to P. S. Hasanpur where the accused persons were put in prison and recovered articles were deposited in the malkhana.