GANGA TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment and order dated 27.9.1982, passed by IIIrd Additional District and Sessions Judge, Gorakhpur in Sessions Trial No. 224 of 1981 convicting the appellants under Section 302 read with Section 34, I.P.C. and sentencing them to imprisonment for life.

(2.) BRIEFLY, prosecution case is that Bhaskar Rai, complainant and his brother Sidheshwari Rai were returning from Karauni Bazar and when they reached near the boundary wall of Sanehi Sahu where Ganga Tiwari, Ram Briksh Rai, Ram Belas Rai and Vijay Bahadur Rai were standing and the same time, Ganga Tiwari fired with his gun and Ram Briksh, Ram Belas Rai and Vijai Bahadur hurled bombs at complainant's brother. In the meantime, Daya Shankar Rai son of Badri Rai, Shankar Rai son of Shyam Sundar Rai of village Pali arrived and disarmed Ganga Tiwari with lathis and snatched the gun from the accused. They ran away from there and the brother of complainant died. On raising alarm, villagers arrived at the spot. The gun was taken in police custody and the report was lodged at the police station in presence of Sri Prakash Rai P.W. 7 who was then posted as S.O., P. S. Bansgaon. Later on the Investigating Officer went towards place of occurrence. He appointed panches and prepared inquest report vide Ext. Ka-19. Thereafter, he interrogated Daya Shanker etc., and made spot inspection and prepared site plan vide Ext. Ka-2. Later on he got body of deceased and after sealing it, entrusted the same to Constable Vijai Shanker Pandey P.W. 6 for onward transmission to mortuary. The investigation for the day was completed and he returned to the police station. On the next day on 2.5.80, he received post mortem examination report and injury report. Thereafter, he continued to make search for the three remaining accused who were not present. Later on, remaining accused persons surrendered before the Court concerned.

(3.) NO any oral or documentary evidence has been adduced on behalf of accused persons on their defence.