SATTEY AND OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) The appellants--Sattey, Bajrangi, Sheo Murat and Bahadur stand convicted for commission of offences under Section 302/34 I.P.C. by the judgment dated 17th March, 1988 and order of sentence whereby they have been sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution case, is briefly encapsulated hereafter. On 6.7.1979 at about 12.00 noon Bechan, son of Dwarika Yadav was having an afternoon siesta in his hut (a small dwelling of simple construction made of natural material as of logs or grass). At that time, the P.W. 1, the informant, after working in his field, which is near the place of occurrence, was taking rest at a well. He saw that Sattey (appellant no. 1), Bajrangi (appellant no. 2), Sheo Murat (appellant no. 3) and Bahadur (appellant no. 4) approached the hut where Bechan was sleeping, they threw bomb on Bechan and when he tried to run away towards east of his hut to save his life but the assailants had thrown two more bombs in quick succession on him. One of the bombs hit Bechan on his temple (Kanpati) and head and he succumbed to his injuries at the spot. It is further mentioned that the first informant and one Bechai sounded the alarm whereafter Shiv Nath Yadav (P.W.-3), Rama Kant, Ram Nath and a large number of people of nearby places reached the spot and they have seen the incident. It is further mentioned that the informant and other persons tried to catch hold the assailants but they fled away by threatening them by scaring bombs, which they were carrying in the direction of east and north. The informant and other persons chased them upto Bandha and during their chase, Santu (P.W.-2) got injured as the assailants were throwing bombs and stones on the people who were chasing them.

(3.) On the basis of the said written report, a first information report was registered at 13.50 hours being Case Crime No. 162 under Section 302 I.P.C. Head Moharrir P.W.5 Krishna Chand Dubey prepared the chik report. The investigation was entrusted to S.N. Chaubey who was not produced. On the same day, the police reached the spot and prepared fard of an alive bomb (Exh. Ka-5), which was found towards east side of Village Madhuwan in a field. The police also prepared fard of parts of the cot which were bloodstained (Exh. Ka-6). From the spot the police collected the pieces of exploded bomb and prepared fard thereof (Exh. Ka-7). It also took in possession the bloodstained dhoti of the deceased (Exh.Ka-8) and collected bloodstained soil (Exh.Ka-9).