- (1.) This criminal appeal has been preferred against the judgement dated 2.7.1985 passed by IIIrd Additional Sessions Judge, Banda in Session Trial No. 933 of 1984 (State Vs. Mata Prasad & Others), under Sections 324/34 and 452/34, Police Station-Kotwali Banda, wherein accused Munna Steel, Binnu and Mata Prasad were found guilty under Section 452 read with Section 34 I.P.C. and sentenced them to two years rigorous imprisonment. Further, all the accused were found guilty under Section 324 read with Section 34 I.P.C. and were sentenced to two years rigorous imprisonment. Both the sentences were to run concurrently. The accused Mata Prasad died during the pendency of the appeal, hence appeal against Mata Prasad stood abated.
(2.) The brief facts of the case are that one Munna-informant lodged the written report at the police station stating therein that on 1.1.1983 at 9:15 p.m. he went to the house of Bhola, who was residing in the same locality, he was accompanied with Bhairo Deen. The informant had purchased some land from Murari Kumhar. Murari wanted to get the sale-deed cancelled. The informant had taken the sale-deed to the house of Bhola. As soon as he reached the house of Bhola alongwith Bhairo Deen, he found Harish Chandra present there. Besides Harish Chandra and Binnu armed with country made pistol and Mata Prashad holding a torch also entered in the house of Bhola. A lantern were lighted in the house of Bhola. All the three accused started dragging Bhola out of his house. Munna Steel attacked Bhola with country made pistol. Bhola sustained injuries on his hand, Binnu fired at Bhola, which hit Bhairo Deen. On hue and cry being raised by the witnesses, all the accused ran away. Hence, written report was filed.
(3.) Head Moharir Ram Ujagar prepared the chick report and proved it as Exhibit Ka-3 and scribed the matter in the G.D. as report No. 50 and proved it as Exhibit Ka-4. The investigation of the matter was entrusted to P.W. 5 B.D. Tripathi, who collected three pellets from the spot and prepared recovery memo and proved it as Exhibit Ka-5. He also collected plain and blood stained earth from the spot and prepared its memo, proved it as Exhibit Ka-6. He also seized the lantern and prepared its memo, proved it as Exhibit Ka-7. He siezed the blood stain clothes of the injured, prepared its memo and proved it as Exhibit Ka-2. After that he inspected the spot, prepared site plan, which was proved as Exhibit Ka-8.;