ASHOK KR AND ORS Vs. STATE

JUDGEMENT

(1.) Assailing the judgment and order dated 06.06.1989 passed by Sessions Judge, Ghaziabad in Sessions Trial No. 85 of 1988 (State Vs. Ashok and others) under Section 302, 302/34 I.P.C. this appeal has been preferred whereby all the accused persons were convicted and sentenced to undergo life imprisonment. During pendency of this appeal Smt. Hansa-appellant no. 2 passed away and appeal has been abated on her behalf vide order dated 6.9.2014. Appellant no. 1-Ashok Kumar is absconding. Now this appeal is being pressed on behalf of appellant no. 3- Brahm Prakash only.

(2.) F.I.R. of the incident was lodged by the first informant Janeshwar Dayal PW1 stating that on 15.11.1987 some altercation took place between Manoj and accused Ashok Kumar in a cricket match. His son Manoj returned and was washing his clothes near the tap in his house, at that time informant, his son Rakesh, neighbour Ashey, Sukhpal and Jai Singh were also present in the house. At about 00 p.m. accused persons Ashok, his mother Smt. Hansa and their relative Brahm Prakash suddenly entered into his house and reached near his son Manoj. He was caught hold by appellant Brahm Prakash and appellant Hansa exhorted Ashok to assault with Chhuri on which Ashok gave a blow in the chest of Manoj who fell down and succumbed to the injuries. Accused persons succeeded in running there from.

(3.) The investigation was conducted by the Raj Pal Singh, PW-5. He rushed to the spot, conducted the inquest and prepared Chitthi R.I. , Photoo Lash, Challan Lash, Ex. Ka 3 to 6. The dead body was sealed and handed over to constable Satpal and Tejpal for post mortem. He also collected simple and blood stained mud from the spot. He inspected the place of occurrence and prepared site plan Ex. Ka-8. He also recorded statement of the witnesses. At the instance of the accused Ashok, the weapon of assault i.e. Chhuri was also recovered in presence of the witnesses and Fard was prepared. Accused persons were arrested and sent to jail. After concluding the investigation charge sheet was submitted against all the accused persons. The case being triable by Session, was committed to the court of sessions where charges were framed. Accused persons pleaded not guilty and claimed to be tried.