PHULWARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Radha Mohan Pandey, Advocate assisted by Sri Ramesh Chandra, learned counsel for the appellants, Sri S.A. Murtaza, learned AGA and perused the record.

(2.) THIS appeal challenges the judgment and order dated 27.1.2005 passed by the Additional Sessions Judge/Fast Track Court No.1, Mirzapur convicting and sentencing the appellants in S.T. No. 113 of 1999, State versus Phulwari and others, S.T. No. 308 of 1999, State versus Daya Ram and others and S.T. No. 89 of 2001, State versus Amrit Lal respectively under Section 302/149 IPC with life imprisonment and fine of Rs.5,000/- each and that in case of default of payment of fine the accused-appellants to further undergo rigorous imprisonment for a period of six months each. The trial Court further convicted and sentenced the appellants under Section 147 IPC to undergo rigorous imprisonment for one year and fine of Rs.500/- each and in default of payment of fine to undergo simple imprisonment for a period of one month. They have also been convicted and sentenced under Section 148 IPC with rigorous imprisonment of one and half years and fine of Rs.1,000/- each and in default of payment of fine to further undergo simple imprisonment of two months. All the sentences were ordered to run concurrently.

(3.) ON the basis of the written report check report was prepared and entry in G.D. was made at sl. no.96 on 16.12.95 at 17.15 hrs registering crime case no. 331 of 1995 against the accused aforesaid under Sections 147, 148, 149 and 307 IPC at P.S. Lalganj, District Mirzapur. The investigation of the case was handed over to S.O. Sri G.P. Yadav. The Investigating Officer on 16.12.95 along with witnesses Bans Bahadur Singh son of Vijay Bahadur Singh resident of village Purwa, P.S.Lalganj and Rama Kant Upadhaya son of Brahma Prasad Upadhaya prepared two recovery memos i.e. one of blood stained and plain earth and other of empty cartridges recovered from the place of occurrence.