CHIRANJU Vs. STATE OF U P

JUDGEMENT

(1.) -Chiranju and Sheo Prasad appellants have preferred this appeal against the judgment and order dated 31.7.1981 passed by Sessions Judge, Kanpur in Sessions Trial No. 133M of 1981 (Metropolitan Area) convicting both the appellants under Section 302 read with Section 34, I.P.C. and sentencing each of them to undergo imprisonment for life.

(2.) PROSECUTION story, briefly stated, was as under : Appellants Chiranju and Sheo Prasad were real brothers and sons of Dwarika. Ayodhya Prasad deceased was cousin brother of Dwarika, the father of appellants. Chhunna alias Virendra Kumar (P.W. 1) was the son of Ayodhya Prasad. There was enmity between the appellants and Ayodhya Prasad deceased regarding land. In the year 1972 Munna alias Mahendra another son of Ayodhya Prasad and brother of Chhunna (P.W. 1) was murdered and injuries were caused on Ayodhya Prasad. Appellants Chiranju and his brother Sheo Prasad, their father Dwarika, Heera Lal and Ram Pal were tried for the said murder of Munna. Except Heera Lal, other accused of the said case were convicted and sentenced by the Sessions Court, but they were acquitted by the High Court. On 18.10.1976 Shiv Kumar another son of Dwarika and brother of appellants was murdered in which Ayodhya Prasad deceased, Chhunna (P.W. 1) and his brother Sunder Lal were prosecuted. On account of above litigations there was strong enmity between the appellants and the deceased.

(3.) INVESTIGATION of the case was taken up by Sri Sagir Mohammad, Investigating Officer (P.W. 6). He reached the spot alongwith Sub-Inspector Tyagi and other police officers at 8.45 a.m. The dead body of Ayodhya Prasad was lying on the spot. Sub-Inspector R. S. Pandey and other police officers of police outpost Jajmau were also present. Sri Sagir Mohammad, Investigating Officer (P.W. 6) conducted inquest of the dead body of the deceased and prepared inquest report (Ext. Ka-6) and other relevant papers. He took into possession blood stained clothes of the deceased and prepared recovery memo. Dead body was sealed and handed over to Constable Ramji Tewari and Ram Murari for post-mortem. The Investigating Officer interrogated Chhunna (P.W. 1) on the spot and on his pointing out inspected place of occurrence and prepared site plan (Ext. Ka-17). He also collected blood stained and simple earth from the spot. An empty cartridge was also recovered from the spot.