(1.) ON 25.1.85 at 3 P.M. Ramanugrah Sharma, who was the local Mukhia was brutally murdered at village Paraman, P.S. Ghosi in the district of Jehanabad. According to post mortem report the deceased had received as many as 15 injuries. The injuries had been caused by fire arms. Not a single pillet was detected in the body. 1. The F.I.R. of the occurrence was lodged by Rajendra Sharma (P.W.4). The F.I.R. of the occurrence was recorded at village Paraman by the officer incharge Ghosi police station at 10 P.M. in the night. The officer incharge reached the village on being informed by local choukidar that the Mukhia has been murdered by nexalites. The details of the occurrence were not given by the choukidar to the officer incharge. According to the F.I.R. Mukhia Ramanugrah Sharma of village Paraman was sitting in his khalihan situated on the western side of the village. He was talking to the first informant Rajendra Sharma. About 30-40 persons armed with fire arms came to the khalihan which was bounded by a boundary wall 4 to 5 ft. high and there was an entrance on the eastern side of the khalihan. The Mukhia was not pulling on well with the nexalites of the locality and he was apprehensive from before and therefore, as soon as he located the culprits approaching the khalihan he uttered that nexalites had come to kill him, and ran towards the village. As soon as he came out of the entrance of the khalihan he was surrounded by the miscreants and firing started from all sides by rifles and guns. The Mukhia could cover only a little distance towards north east of the entrance of the khalihan where he received fire arm injuries and fell down in the field of Parsuram Sharma (P.W.8) in which Barsim grass was grown. The culprits, on being satisfied that the Mukhia was dead, left the place of occurrence and went away towards west. Some witnesses, who were present near the place of occurrence at the time of occurrence witnessed the occurrence and some witnesses also came running from the village. P.W.7-Ramnandan Sharma, a teacher of local primary school has also seen the accused persons while retreating from the place of occurrence after the commission of the offence. Subsequently the choukidar was called and asked to go to police station and he informed the officer incharge of Ghosi police station.
(2.) AS many as 27 persons were named in the F.I.R. After investigation charge sheet was submitted against 22 persons in which five accused persons were absconder.
(3.) IT is significant to note that charge u/s 27 of the Arms Act was framed against all the accused persons. It appears that due to in advertance no charge under section 302/149 IPC and 148 I.P.C. was framed against four accused persons. Appellants nos. 5,6,8 and 14 were left out of the charge. The first question for consideration is whether the accused persons were not at all charged under section 302/149 and section 148 IPC could be legally convicted. From the order sheet, no doubt, it appears that the charges were framed against all the accused persons but it is to be remembered that the order sheet is only record of the proceeding and if no charge was framed against the appellants it cannot be argued that change was framed.