- (1.) JUDGMENT has been reserved on 29 -4 -2002 and is being delivered today i.e. on 6 -8 -02. Criminal Appeal No. 2705 of 1987 was filed by appellants Ram Kumar, Kanhai and Bhola and the connected Criminal Revision No. 1939 of 1987 was filed by Bajrangi Singh against Sheonath and Bijai against their acquittal. State of U.P. has also filed an appeal, being Government Appeal No. 550 of 1988 against Shiv Nath and Bijai, the two acquitted accused and it was admitted and connected with the above said criminal appeal.
(2.) THE three appellants in Criminal Appeal No. 2705 of 1987 were convicted under Section 302/34 IPC and sentenced to imprisonment for life by the trial Court. The prosecution story as contained in the FIR is that the informant Bajrangi Singh is a resident of village Barhani, P.S. Sayed Raza, District Varanasi. Some altercation between his sons and co -villager Raj Kumar Gond had taken place some 10/12 days ago. His another son, Sheo Murat Singh, is employed in the Army. He was in the village at the relevant time on leave. He left for P.S. Sayed Raza to meet the SHO on 16 -1 -1986. He was accompanied by Shiv Pujan Singh and Subedar Singh. Due to non -availability of the SHO at the police station, they were coming back from there. Sheo Murat Singh's leave was to come to an end shortly. On their way back, after alighting from the bus, these three went to the house of Ram Vilas Singh to meet him. They were returning on foot to their house at about 7.00 p.m. from there. When they reached near the road in front of the house of Ram Kumar Gond in Mohalla Dixit Nagar in village Barhani itself, they saw Ram Kumar Gond with BALLAM, Bhola, his son, with a knife in his right hand and Sheo Nath standing on the road. They accosted them. On exhortation of Sheo Nath, Vijay and Kanhai, sons of Sheo Nath caught hold of Sheo Murat Singh (deceased) and Ram Kumar pierced his BALLAM in his abdomen and Bhola caused injuries from knife on his back and near the neck. Shiv Pujan Singh and Subedar Singh being empty handed ran for safety towards the village. While doing so they turned their faces backward and noticed that the injured Sheomoorat was being dragged by the assailants towards east. They went to the house of deceased Sheo Murat Singh and informed his father Bajrangi Singh about the incident in detail. After receiving the information Bajrangi Singh allegedly along with his villagemen proceeded towards the police station. On the way to the police station they did not notice presence of any accused near the house of Shoo Nath Gond nor the dead body of his son was noticed by them there. The report, Ext. Ka -1, was registered at the police station at about 9.15 p.m. on the same day, i.e. on 16 -1 -1986.
(3.) AS a consequence to these injuries Sheo Murat Singh breathed his last. His dead body was allegedly recovered on the next morning by SI from the room of the house of Sheo Nath. Blood was recovered from there and also from the road. The body was recovered on the pointing out of two accused, Sheo Nath and Bhola. According to the prosecution they broke open the lock of the door and got the body recovered. Thereafter, inquest memo was prepared and the dead body was sent for post -mortem.;