Palok Basu, J. - (1.) SHYAMA, Revti, Gyan Singh and Bhagwan Singh have filed this appeal against the judgment and order dated 3-1-79 passed by the V Addl. Sessions Judge, Agra in S. T. No. 160 of 1977 connected with S. T. No. 123 of 1978 where under all the appellants have been convicted under section 302/149 IPC and sentenced to imprisonment for life and further convicted under section 148 IPC and sentenced to three years' R.I. A fifth accused Pooran was also mentioned in this First Information Report but died during the investigation.
(2.) THE charge against the appellants was that on 12-2-1977 at about 2.30 P.M. they formed an unlawful assembly in village Taharpur, P. S. Saiyan, district Agra near about the field of Janak Singh, the common object of which was to cause death of Khacheri being variously armed with Tanchia, knife, sword and Banka and therefore they had committed the offence punishable under sections 302/149 and 148 IPC. Pw 1 Ramji Lal is said to have lodged a First Information report at the P. S. Saiyan at 4.30 P.M. the same day. He mentioned along with him two other persons as eye witnesses of the occurrence, namely, Pw 3 Gokul and Pw 4 Pooran. There is no other eye witness in this case. The FIR was registered by PW 6 Beni Singh, Head Constable, vide Chick FIR (Ex. Ka 12) and consequently the case was registered.
(3.) PW 5 Lakhan Singh took up the investigation in the absence of Station Officer and went to the spot at once. He prepared site plan (Ex. Ka 5), inquest report on the dead body of Khacheri and took samples of plain and blood stained earth from the scene of occurrence. An empty catridge was also found on the spot. Recovery memos with regard to these items was also prepared. He searched for the accused but they were not available. Therefore, he examined the witnesses Ramji Lal, Gokul and Pooran. After this, Station Officer had come back to join his duties and consequently took up the investigation. The appellants denied their participation and claimed their false implication due to enmity. The suggestion on their behalf was that the deceased was done to death under unknown circumstances inasmuch as neither the informer nor any of the eye witnesses was present and a concocted case with the police held has been set up against the appellants. They also examined DW 1 Nityanand Sharma, DW 2 Pyarey Lal, DW 3 Om Prakash, DW 4 Devi Singh and DW 5 Ram Kishan in order to substantiate the defence version that the appellants were attending a marriage in their village and had no reason to be present at the time of occurrence at the site. The last defence witness mentioned above was examined to prove the fact that the Chick FIR of Case Crime No. 15 of 1977 (i.e. the instant case) reached the office of the Circle Officer on 4-3-1977 suggesting thereby that investigation had proceeded leisurely and even copy of the FIR to the high officers reached very late.;