BHAGIRATH Vs. STATE OF U P

JUDGEMENT

(1.) K. D. Shahi, J. All the four appeals arise out one judgment and order of con viction and death sentence arising out of one crime and offence, therefore, all these appeals have been taken together for dis posal.

(2.) ALL the appellants of four appeals, namely, Bhagirath, Vijai Karan Singh, Lal Singh and Razzaq alias Rajjab, have been convicted for the murders of Ram Saran Singh, Ram Lakhan Singh, Narpat Singh, Udaiveer Singh and Smt. Ram Dulari on 15-4-1981 at about 6 p. m. in village Bhadva P S Malva district Faiehpurand sentenced to death under Sections 302 read with Sec tion 149, IPC, one years' R. I. under Section 147, IPC, one year's R. I. under Section 404, IPC and three years' R. I. under Sec tion 380, IPC Convict Bhagirath has fur ther been sentenced to five years' R. I. under Section 307, IPC and Vijai Karan Singh, Lal Singh, Razzaq alias Rajjab have been sentenced to five years' R. I. under Section 307/149, IPC by the learned Ses sions Judge on 28-11-1997 in a joint Ses sions Trial arising out of S. T No. 176 of 1982 State v. Lal Singh, S. T No. 194 of 1982; State v. Bhagirath, S. T No. 170 of 1998 State v. Vijai Karan Singh and S. T. No. 22z of 1988 State v. Razzaq ailas Rajjab.

(3.) CHIK report Ex. Ka. 9 was prepared by Head Constable PW-7 Ram Saran Singh. A case was registered in the G. D. at Rapat No. 32, Copy of the G. D. is Ex. Ka. 10. The I. O. Sub-Inspector S. V Singh-PW. 8, the then S. O. PS Malwa, reached the spot on the same night and in the morning prepared the Inquest Report of the dead bodies of the deceased persons. He took blood stained and simple earth from dif ferent places of occurrence and sealed them in the containers. He also recovered empty cartridges, two pairs of 2 shoes from the spot where Smt. Ram Dulari was mur dered. He interrogated the witnesses, in spected the three places of incidents and prepared the site plan on 31-4-1981. The investigation of the case was entrusted to C. B. CID under the orders of Assistant Inspector General of Police, Har Govind Singh Chahar PW. 9, did further investigation of the case.