JAI NARAIN Vs. STATE OF U P

JUDGEMENT

(1.) U. S. Tripathi, J. This appeal has been preferred against the judgment and order dated 21-4-1980 passed by Sessions Judge, Hamirpur in Sessions Trial No. 240-A of 1975, convicting the appellants Hukum Singh alias Hakim Singh under Sections 302, 307/34 and 324, I. P. C. and sentencing him to undergo imprisonment for life tinder Section 302,1. P. C. , R. I. for a period of seven years under Section 307/34, I. P. C. and R. I. for a period of 1-1/2 years under Section 324, I. P. C. , convicting the appellant Jai Narain under Section 302/34, 324/34 and 307/34,1. P. C. and sen tencing him to imprisonment for life, R. I. for a period of 1-1/2 years and R. I. for a period of seven years respectively and con victing the appellant Shyam Singh (since dead) under Section 302 read with Sec tions 34, 307 and 324/34, I. P. C. and sen tencing him to undergo imprisonment for life, R. I. for a period of seven years and R. I. for a period of 1 -1/2 years respectively.

(2.) THE prosecution story, briefly stated, was that Bhagwat Singh (40) deceased and the appellants as well as Ramadhin Singh (since acquitted by the trial Court) were residence of village Patara, PS. Korara, district Hamirpur. Ap pellant Jai Narain was the son of Kamadhin and appellant Shyam Singh was son of Maternal uncle of appellant Hukum Singh alias Hakim Singh. Bhagwat Singh had his "khandhar" in his village. Towards north of the said Khandhar there was vacant land. THE above vacant land was surrounded by old boundary wall which had fallen down by lapse of time. Ramadhin who had his house towards east of said vacant land, wanted to make a way towards east of his house through said vacant land. In order to protest his land Bhagwat Singh deceased had dug out foundation in the extreme western corner of said land for raising new boundary wall so that "rasta" might not be made through his land.

(3.) THE investigation of the case was taken by Sri A. P. Chaturvedi (P. W.-9 ). He conducted inquest of the deadbody of Bhagwat Singh deceased at police station and prepared inquest report (Ext. Ka-11), diagram of the deadbody (Ext. Ka-12) challan lash (Ext. Ka- 13) and letter for post-mortem (Ext. Ka-15 ). He sealed the deadbody and handed over to Constable Narain Singh and Chaukidar Narrottam for escorting the same for post-mortem. THE Investigating Officer interrogated Jai Karan Singh at police station and sent the injured for medical examination.