ASHOK KANAUJIYA ALIAS ASHOK KUMAR KANAUJIYA Vs. STATE

JUDGEMENT

(1.) V. P. Mathur, J. These four appeals and the criminal revision all arise out of the judgement and order passed by Mr. J. P. Agarwal, the then District and Sessions Judge of Faizabad on 22-7-1982 in Criminal Sessions Trial No. 60 of 1982 - State v. Pappu alias Ashfaq and another. The learned Judge convicted Pappu alias Ashfaq on a charge under Section 302 of the Indian Penal Code but sentenced him to imprisonment for life under Section 302/34, I. P. C. He also convicted Ashok Kanaujiya on a charge under Section 326/34 of the Indian Penal Code and sentenced him to five years rigorous imprisonment. Through Criminal Appeal Nos. 581 of 1982 and 634 of 1982, Ashok Kanaujiya and Pappoo challenged the learned Judge's order dated 22-7- 1982 of their conviction and sen tence. Through Criminal Appeal No. 974 of 1982, the State of U. P. has challenged the Judge's order whereby has not found Ashok Kumar Kanaujiya guilty on a charge under Section 302/34 of the Indian Penal Code and has in terms acquitted him on that charge. Through Criminal Appeal No. 807 of 1982 the State prays for enhancement of the sentence awarded to Ashok Kumar Kanaujiya under Section 326/34, I. P. C.

(2.) RATAN Lal Kapoor who was the first informant in this case and at whose instance the criminal proceedings started, comes praying through Criminal Revision No. 411 of 1982 that the conviction of Ashok Kanaujiya be converted to one under Section 302/34, I. P. C. and he be awarded suitable punishment under the same provisions of the law. He also contends that the sentence of imprisonment for life awarded to Pappu alias Ashfaq should be under Section 302 of the Indian Penal Code and not under Section 302 read with Section 34, I. P. C. and even in this respect, there should be an enhancement in the sentence.

(3.) MEANWHILE Mr. Ram Gati Upadhyaya (P. W. 9), who had already taken up the investigation and had recorded the statement of the injured (Ext. Ka-17) which is now being relied upon as dying-declaration proceeded for the scene of occurrence, where he reached at about 9-15 p. m. , took down the statements of some other witnesses and prepared site-plan (Ext. Ka-18 ). He searched for the accused persons on 25-10-1981 and arrested Ashok Kanaujiya on 26-10-1981. He was informed on 29-10-1981 that Pappu had already surrendered in Court. It was on 30-10-1981 that he interrogated Habibul Haq (P. W. 7 ). Then he completed the investigation and submitted charge-sheet.