BASANT LAL DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) PRESENT appeal has its genesis in Sessions Trial No. 64 of 1999 wherein it would appear, four accused persons namely Basant Lal Dubey, Lalji Dubey, Gyan Prakash Dubey and Om Prakash Dubey were tried by learned Additional Sessions Judge (E. C. Act) Mirzapur for offences under Sections 302/34 and 504, I.P.C.

(2.) BY means of judgment and order dated 26.5.2008, the learned trial Judge recorded verdict convicting appellants under Section 302/34, I.P.C. and awarded capital punishment and a fine of Rs. 20,000 each with default stipulation.

(3.) THE investigation of the case, it would appear, was taken over by S.O. Om Prakash Singh and he, to begin with, recorded the statement of informant at the police station, and thereafter proceeded to police station alongwith S.I. Mushtaq Ahmad and others. THE panchnama was prepared by S.I. Mushtaq Ahmad on the instruction of S.O. Om Prakash Singh. THEreafter, the papers were processed for post mortem of the deceased and the dead body was entrusted to Constable Sanjay Kumar for being escorted for post mortem examination. THE Investigating Officer thereafter prepared the site plan, and collected blood stained and simple earth and sealed the same accordingly. THE Investigating Officer also took in possession the Bamboo stick, lota, slipper etc. and prepared memo Ex. Ka-16. In the course of investigation, the Investigating Officer seized the tractor involved in the occurrence on 27.11.1998 and one of the accused was also taken into custody for interrogation. On 28.11.98, the Investigating Officer recorded statements of witnesses of inquest. THEreafter, he came to know that the other accused persons had surrendered in the Court and therefore, their statements were also recorded in jail. After completing the investigation, the charge-sheet was submitted in the Court. THE case was committed to the Court of Sessions on 24.3.1999.