PRITHVIPAL YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant appeal has been preferred on behalf of appellants against the judgment and order dated 6.9.2011 passed by the learned Additional Sessions Judge, Court No.15, district Allahabad in S.T. No. 371 of 2007 (State of U.P. Vs. Prithvipal Yadav and another), under Sections 302 , 325 , 504 and 506 I.P.C. police station Mauaima, district Allahabad whereby each of them have been convicted under Section 302 / 34 I.P.C. for life rigorous imprisonment with fine of Rs. 20,000/- and in default of payment of fine, five months further rigorous imprisonment, under Section 325 / 34 I.P.C. five years rigorous imprisonment with fine of Rs. 2,000/- and in default of payment of fine of three months rigorous imprisonment and convicted under Section 504 I.P.C. three years rigorous imprisonment with fine of Rs. 2,000/- and in default of payment of fine further three months rigorous imprisonment. All the sentences directed to run concurrently.

(2.) On the registration of the first information report the criminal law was set in motion. The S.H.O. Ranjeet Singh (P.W.8) was entrusted with the investigation. He had entered the copy of the chick first information report in the case diary and recorded the statement Head Constable of Ram Lal Kaithwal (P.W. 7). He tried to record the statement of the two injured persons but they were not in position to depose as such he started the investigation by reaching at the place of incident where he found the dead body of Ambar Yadav. The inquest report was prepared at the dictate of HC Shiv Badan Tiwari in the presence of the witnesses exhibited as Exhibit Ka. 13. Thereafter, the dead body was sealed and was handed over to Constable Harish Chandra Yadav to be taken for the post mortem. The papers relating to challan nash, photo nash, letter to R.I., letter to Chief Medical Officer, sample seal were sent along with the dead body. The aforesaid papers were prepared by HCP Shiv Badan Tiwari under his direction, which was also signed by him and was marked as Exhibit Ka.14, Ka.15, Ka.16, Ka. 17, Ka. 18 and Ka. 19. He had recorded the statement of the complainant Vijay Bahadur Yadav (P.W.1) at the place of incident and entered the same in the case diary. At the instance of the complainant inspected the place of incident and prepared the site plan, which was marked as Exhibit Ka. 20. He had also taken blood stained and plain earth, empty cartridges and live cartridges of which separate memo were prepared on the spot in the presence of the witnesses, which was marked as Exhibit Ka. 22. The same was also entered in the case diary. At the place of incident he was informed by Constable Ram Lavat that Prem Shanker who was injured in the incident has died on reaching to the hospital. At this information he had made arrangement for the inquest of the said deceased Prem Shanker to be conducted by S.I. Mohd. Siddique. On the spot he had recorded the statement of other witnesses, which was incorporated in the case diary. He also entered the inquest of the deceased Amber Yadav in the case diary. Thereafter he went to search the accused persons. During 21/22.11.2006 S.I. Mohd. Siddique had informed him that after conducting the inquest of the deceased Prem Shanker his dead body has been sent for post mortem to S.R.N. Hospital through Constable Harish Chandra and Constable Raj Kumar Maurya. The inquest prepared by S.I. Mohd. Siddique was made part of the case diary by him. Again he tried to make a search of the accused persons on 22.11.2006, he had deposited the memo relating to plain earth and simple earth and other case property in the Malkhana and his return was transcribed in the G.D. No. 26 at 4.05 P.M. The paper relating to the inquest of Prem Shanker Yadav, sample seal, letter to R.I., photo nash, sample letter to Chief Medical Officer were mentioned in the case diary. Om Prakash who was also injured in the incident, his medical report and X-ray report was also transcribed in the case diary.

(3.) The injuries of injured Om Prakash was mentioned in the case diary. As the Investigating Officer Ranjeet Singh was transferred the investigation was handed over to S.O. Udai Veer Singh, P.W. 11 on 10.12.2006 vide Parcha No. 11. He had recorded the statement of witnesses of inquest, namely, Sudhir Kumar, Lalu Prasad, Radha Prasad, Indra Kumar Pandey etc. on 11.12.2006 (Parcha No 12). On 12.12.2006 recorded the statement of witnesses of inquest of Yogendra Pratap, Shobha Nath Yadav, Pradeep Kumar, Krishna Kumari etc. and also statement of eye witness Chhangu Lal entered in Parcha No. 13. On 13.12.2006, statement of Ram Chandra son of Kallu and Om Prakash and S.I's. who were the witnesses of recovery of gun entered in Parcha No. 14.