STATE OF U P Vs. VIJAI PAL SINGH

JUDGEMENT

(1.) This State appeal is against the judgement and order dated 21-7-78 of Shri P.N. Roy, the then Sessions Judge, Kheri, whereby he acquitted all the 10 accused-respondents of the charges under Section 147/148/302, read with S.149 of the Indian Penal Code and S.201, read with S.149, of the Indian Penal Code, for which they stood trial in S.L. No. 261 of 77, Bhagwandin aged about 60 years resident of village Kakraha, Police Station Maigalganj, District Kheri was murdered and his dead body was found lying on the Rasta in the vicinity of the temple near the village surrounded by standing sugarcane fields on both its sides on 21-9-76. The severed head was found in the ditch near the place of murder. According to the prosecution case this murder took place at about 11 a.m. on 21-9-76 when the deceased along with his son Ram Chandra, who is complainant is the case and has appeared as P.W. 1, was going to the temple for the Darshans, Deceased Bhagwandin had crossed normally 2/3 portion of the sugarcane field of accused-respondent Rampal Singh when all the accused persons who were lying in ambush in the field suddenly appeared armed with their respective weapons. The deceased was challenged and the accused person started assaulting him. He raised alarm and tried to run but the accused person, managed to surround him and charged him with their respective weapons. Bhagwandin fell down. Accused Vijai Pal Singh, Siya Ram allegedly chopped off his head with Banker while Rampal Singh tried to carry away the head. Meanwhile Ram Chandra son of the deceased who was following the deceased raised alarm which attracted Khew Raj, Ram Shanker, Kashi and Janki and they tried to intervene. Thereupon Rampal Singh threw the head in the nearby ditch called a Talab and all the accused persons managed to make good their escape.

(2.) Complainant Ram Chandra is said to have stayed at the spot for about two hours for safety of the dead body. When the Chaukidar of the village arrived he wrote the first information report and went to the police station, situate at a distance of about 16 miles and lodged the first information report at 9.05 p.m. As usual the case was registered on the basis of the first information report. The Station Officer of the Police Station was to present at the police station and all the papers were sent to him by the constable clerk through Jiwan Singh, Constable. Shiv Murti Singh, Sub-Inspector, who is said to have been coming back to the Police Station received the papers on 22-9-76 from Constable Jiwan Singh at about 7 a.m. He is stated to have immediately proceeded to the place of occurrence where he arrived at about 9.30 a.m. The formalities relating to the inquest report were carried out and the two portions of the dead body were sealed and sent through Jiwan Singh, Constable to the mortuary for post-mortem examination. Lot of blood was found at the place where the dead body was lying and specimens thereof were taken, duly sealed and despatched by the Investigating Officer. The site-plan was prepared and Investigating Officer Proceeded for the examination of the witnesses under Section 161, Cr. P.C.

(3.) The post-mortem examination was done by Dr. L.P. Shukla (P.W. 3) on 23-9-76 between 4.45 and 5.30 p.m. The deceased had received 9 injuries on his body, 5 incised wounds on the neck, shoulder and chest, 3 lacerated wounds, one on the right middle finger and third one on left leg. There was an abraded contusion on the right leg. One the other portion of the body, namely the head, there were 14 injuries being 8 incised wounds, one fractured wound 3, contusions and 2 lacerated wounds on face, forehead, nose, mouth, eye-brows and ears. All the face bones were found fractured. Frontal bone was found fractured on both the sides. Left side temporal bone was also found fractured and the base of the skull too was found fractured. In this way, the deceased apparently was subjected to repeated merciless blows and the head portion as mentioned was already chopped off.