SANJAY PATEL Vs. STATE OF U P

JUDGEMENT

(1.) UNDER challenge in the above mentioned appeals is the judgment and order dated 16.5.2006 passed by the then Sessions Judge, Maharajganj in Spl. Session Trial No. 28 of 2004, State v. Saheb Patel and others, under Sections 302/34, 307/34 and 506, I.P.C. and Section 3 (2) (v) of S.C./S.T. (Prevention of Atrocities) Act, P. S. Kotwali, district Maharajganj.

(2.) BY the impugned judgment and order, the learned Sessions Judge after acquitting the appellants of the offences punishable under Sections 307/34 and 506, I.P.C., convicted and sentenced the appellant Saheb Patel to death sentence for the offence under Section 302, I.P.C., whereas the appellant Sanjay Patel has been convicted and sentenced to life imprisonment for the offence under Section 302, I.P.C. and appellant Hari Bansh Yadav alias Gobari has been convicted and sentenced to life imprisonment for the offence under Section 302/34, I.P.C. Both these appellants have also been sentenced to pay a fine Rs. 5,000 each with default stipulation. Learned Sessions Judge convicted the appellants Saheb Patel, Sanjay Patel and Hari Bansh for the offence under Section 3 (2) (v) of S.C./S.T. (Prevention of Atrocities) Act (hereinafter called as S.C./S.T. Act) also, but no separate sentence for this offence has been awarded under Section 3 (2) (v) of S.C./S.T. Act.

(3.) AFTER leaving the dead bodies of Babu Lal and Shailesh in the hospital under the supervision of the family members, the complainant Ram Ratan went to P. S. Kotwali, Maharajganj and handed over written report Ext. Ka-1, on the basis of which F.I.R. was registered. Investigation of the case was entrusted to Sri D. P. N. Pandey, the then Circle Officer, Sadar. During the course of investigation Investigating Officer visited the place of incident and prepared fard recovery of khokha cartridges, tikli and bullet, which were recovered from the spot. Investigating Officer also collected blood stained and simple earth from the spot. He also got the inquest reports and other material documents prepared for sending the dead bodies of the deceased for postmortem. Later on, Anil injured also succumbed to the injuries on way to hospital at Lucknow and inquest report and other necessary documents were also got prepared by the Investigating Officer relating to the dead body of Anil. Blood stained and simple earth recovered from the spot was also sent to Forensic Science Laboratory for examination. He also recorded the statement of the witnesses. He performed other formalities relating to the investigation and afterwards on the basis of result of investigation submitted charge sheet against the accused persons. The Investigating Officer took the accused Sanjay Patel and Saheb Patel in police custody by the order of C.J.M. On the pointing out of Saheb Patel one single barrel gun and at the pointing out of Sanjay Patel Krich was recovered and fard recovery was prepared.