RAJOL Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal arises out of impugned judgement and order dated 04.08.1986 passed by II Additional Sessions Judge, Kanpur Dehat in Sessions Trial No. 292 of 1984, convicting the accused-appellants under Sections 302/34 and 201 of IPC and sentencing them to life imprisonment under Section 302/34 of IPC and further sentencing them under Section 201 of IPC for three years rigorous imprisonment.

(2.) As per prosecution case, about a month prior to the incident, cow of the deceased had entered the premises of accused-appellant Rajol for which he had abused the deceased and there was some verbal exchange between the two. It is said that on 14.07.1984, when deceased Gauri Shanker and his minor son Ganesh Shanker, aged 11 years were returning from their agricultural field, on the way, they saw the accused persons sitting near the 'Babool' tree and at the relevant time, accused Rajol and Mahboob were having axe with them, whereas the other accused Munia and Mukta were armed with clubs. Accused Rajol had asked the other accused persons that this is the best opportunity to ensure that the enemy may not escape from there and then all of them caused injuries to the deceased. Further case of the prosecution is that the incident has been witnessed by PW-2, Ganesh Shanker from 20-25 steps and hearing the cries of PW-2, his uncle PW-3, Radhey Shyam, who at the relevant time had gone to attend the nature's call also reached to the place of occurrence. Another eye witness PW-6, Surendra Singh is also alleged to have seen the incident but he has not supported the prosecution case and has been declared hostile. Further case of the prosecution is that after causing injuries to the deceased, accused persons lifted him and threw him in the canal. On 17.07.1984, the dead body of the deceased was found from the canal. In the meanwhile, on the basis of written report Ex.Ka-4 prepared and lodged by PW-2, Ganesh Shanker, a child witness, on 14.07.1984, FIR Ex.Ka-1 was registered on 15.07.1984 at 00:30 a.m. against the accused-appellants under Sections 302/201 of IPC.

(3.) Inquest on dead body of the deceased was conducted on 17.07.1984 vide Ex.Ka-6 and the body was sent for postmortem, which was conducted on 18.07.1984 by PW-4, Dr. Shashi Kumar Singh vide Ex.Ka-5.