OM PRAKASH Vs. STATE OF UP

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 13. 2. 2002 passed by iii Additional Sessions Judge, Durg in Sessions Trial No. 139/2001 whereby the learned Additional Sessions Judge after holding the accused/appellants guilty for commission of the offences under sections 148 and 302/149 of the IPC sentenced each of them to undergo RI for one year under section 148 and to undergo imprisonment of life and to pay fine of Rs. 5,000 each, in default of payment of fine to further undergo ri for six months, under section 302/149 of the IPC.

(2.) CASE of the prosecution in brief is that on 4. 2. 2001 there was a party at the residence of one Santosh Chauhan on the occasion of Chhsti of his daughter in which ashish Dongre (since deceased), all the accused persons, Kamal Singh (PW-7), prabhakar (PW-1), Shashi Kant and other persons were present. Some quarrel took place between Ashish Dongre and accused om Prakash and Prem Shankar. In the quarrel, Ashish Dongre slapped Prem shankar 2-3 times. After the party was over, accused Om Prakash, Prem Shankar, Dev das, Nirmal, Subhash and Basant left the place and hid themselves near the Ram temple. When Ashish was passing through that road, all the accused persons attacked him. Om Prakash was having a dagger and he attacked Ashish with the same and caused serious injuries. Thereafter, considering Ashish to be dead all the accused persons fled away from the scene of occurrence. The persons present there took the deceased to Jamul hospital. When father of the deceased was informed about the incident by shashi Kant and Kamal, he gave Dehati information Ex. P-l. ASI Manharan took ashish to ACC hospital, Jamul and the doctor posted there referred the deceased to civil Hospital, Durg at 7 p. m. Injury report ex. P-2a was prepared. However, since ashish succumbed to the injuries sustained by him, requisition Ex P3 was sent for the post-mortem examination of the deceased to Government Hospital, Durg, where Dr. V. K. Sao conducted, the post-mortem and opined that cause of death was shock and hemorrhage as a result of ante mortem injuries. According to the doctor, the death was caused within 24 hours. He prepared the post-mortem report Ex. P-3a. He noticed more than 20 injuries on various parts of the body of the deceased. Site plan Ex. P-4 was prepared by Halka Patwari. Blood stained soil, plain soil and one scooter were seized by the police from the place of incident under Ex. P-5. While in custody, accused Om Prakash gave memorandum Ex. P6 regarding the place where he had kept the dagger and in pursuance of the said memorandum he got recovered the same under Ex. P-6a. Clothes of accused Om prakash stained with blood, one full pant (jeans) and one open shirt were seized under EX. P-7. Clothes of accused Prem shankar were seized under Ex, P-8, clothes of accused Subhash were seized under Ex. P-9, clothes of Basant were seized under Ex. P-10, clothes of accused Nirmal were seized under Ex. P-11 and clothes of ac used devdas were seized under Ex. P-12. Thereafter, inquest was conducted over the dead body of Ashish. First Information Report Ex. P-14 was registered. Seized articles were sent to the Forensic Science Laboratory for chemical examination and the FSL report is Ex. P-16.

(3.) AFTER completion of the investigation the charge sheet was filed in the Court of judicial Magistrate First Class, Durg who in turn committed the case to the Court of sessions from where learned Additional sessions Judge, Durg, received the same on transfer for trial.