CHANDRA MAUL Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Agarwal, J. This is an appeal Preferred by Chandra Maul, Shashi Maul, uresh Ram and Ram Ashrey against their convictions under Section 302/34 I. P. C. vide S. T. No. 40 of 1978 and consequence sentence to imprisonment for life.

(2.) THE facts giving rise to the prosecu tion version as available from the record are that on 11-3-1977 at 1. 00 p. m. between village Kusumha and Kanhai the present incident had taken place involving these appellants and the deceased Fanendra. THE appellant Suresh was given the role of exhortation. Chandra Maul and Shashi Maul were armed with single barrel guns. After the first shot by Chandra Maul Shashi Maul also fired upon him to prevent the deceased from escaped. As a result of shots the deceased fell down. Chandra Maul came close to deceased and again fired a shot. THE witnesses from in side the Arhar field raised an alarm. THEy claimed that Ram Ashrey was giving to accused Chandra Maul and Shashi Maul cartridges. After assaulting the deceased to death they laughed full throat and declared "murder of their father is avenged. " THEreafter the assailants moved towards west. Witnesses after departure of the assailants came at the spot where the victim was lying. THE deceased was also holding a lathi, which was pilfered by the pellets. THE pellets were visible. THE report of gunshot attracted many villagers to the spot alongwith ihechaukidar. Leav ing the Chaukidar and the family members near dead body informant left the place for police station to lodge a written report. It is marked Ext. Ka-1. It is alleged and this report was transcribed by PW-1 Virendra on the spot. It was taken down only his dictation by Brij Kishore PW-2. AFter registration of the case and preparation of check report investigation was com menced. Site plan was prepared. All the relevant papers for the purpose of post mortem examination including inquest memo were prepared. THE statements of the witnesses were also recorded. THEre after charge sheet was submitted in this case by P W-6 Abhai Singh. Station Officer. Police Station Bclipar. THE distance of the police station from the spot was 8 miles.

(3.) THE defence case is of total denial. It has also examined DW-1 Hari Shankar Lal Lekh pal to establish that Rajman Pan-dey (PW-5) has no field near the place of occurrence. He has stated that there is no field in the name of Fanendra and Virendra in the vicinity because their father is alive and entire property is in his name. He has filed Khasra of 1384 Fasli.