BASANT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) N. S. Gupta, J. All the aforesaid three criminal appeals are directed against the judgment and order of conviction dated 6-8-79, passed by Sri G. D. Dube, the then 1st Additional Sessions Judge, Azamgarh, convicting and sentencing the accused appellant Basant Singh under Section 148/302, IPC read with Section 149, IPC to one year R. I. and imprisonment for life and further convicting accused appellants Chhotey Lal and Brahmdeo under Sections 147 and 302/149, IPC and sentencing them to life imprisonment under Section 302/149, IPC and six months R. I. under Section, 147, IPC.

(2.) THE prosecution story briefly stated is as follows: THE complainant Smt. Sudami (PW-1) is the wife of deceased Jamuna Ahir, who was a resident of village Raidopur, situate at the bank of river Tons, within the circle of police station Kotwali Sadar, district Azamgarh. Accused appellants Basant Singh, Chhotey Lal and Brahmdeo were dose friends. Basant Singh was a resident of Raidopur whereas Chhotey Lal and Brahmdeo were the residents of Matwar Ganj, police station Kotwali, district Azamgarh. Prior to the incident of this case, on the occasion of Dussehra festival, accused appellant Basant Singh had quarelled with one Ramadhar in Mohalla Galbal, district Azamgarh. When the de ceased Jamuna Ahir and his brother Ganga (PW-2) tried to intervene into the matter, Basant Singh assaulted the de ceased and his brother by means of bam boo stick and caused injuries in the head of the deceased and his brother. THE de ceased Jamuna snatched away the Bamboo stick from the hands of Basant Singh and assaulted Basant Singh and caused a head injury to Basant Singh. THE matter was pacified by the people of the Mohalla and, therefore, this incident of Marpeet was not reported to the police.

(3.) ON 8-2-78 S. I. Bhola Nath Pandey again visited the scene of occurrence. There he recorded the statement of Ganga (PW-2) and other witnesses. He carried out the detailed inspection of the scene of oc currence and prepared site plan Exh. Ka 8. He also recovered blood stained and sim ple earth from the scene of occurrence. He made search for the accused persons but they were not available. He, therefore, ob tained processes under Section 82/83, Cr PC against the accused appellants Basant Singh, Brahmdeo and Raju Pandey (the fourth accused since acquitted by the trial Court ). He recorded statement of constable Raghav Prasad Pandey and Baijnath Yadav on 21-2-78. ON 22-2-78, he re corded the statement of accused Brahmdeo and after concluding the investigation he submitted charge-sheet against the accused appellants Basant Singh, Chhotey Lal Brahmdeo and Santosh @ Raju Pandey.