- (1.) APPELLANTS Har Prasad and Ram Khelawan were found guilty on the charges under Section 302/34 IPC and under Section 201 IPC vide the judgment and order dated 30-4-91 passed by the learned Sessions Judge, Sonbhadra in S. T No. 44 of 90, State v. Har Prasad and Ram Khelawan and were sentenced to un dergo life imprisonment on the charge under Section 302/34 IPC and 3 years' R. I. on the charge under Section 201 IPC. Both the sentence have been ordered to run concurrently.
(2.) THE prosecution case started on the basis of a written FIR lodged by Sri Chet Singh, s/o Shiv Narain Gaur, deceased. THE incident is said to have taken place on 4-8-90 at 6 p. m. THE report was lodged on the following day on 5-8-90 at 18. 05 p. m. THE distance of police station is37kms. It has been alleged that the complainant's father Shri Shiv Narain (deceased) had gone to graze his cattle in the jungle. He did not return till 5 p. m. Therefore, an anxiety arose in the mind of the complainant and he went out along with others in search of his father. His companion Sri Vishwa Nath, complainant's uncle was accompanying him. They found Dhansa, P. W. 3 coming there running. He told the complainant and others that the accused Ram Khelawan and Har Prasad, were pressing the neck of Shiv Narain under a Mahua tree with a lathi. But he himself could not collect strength and muster courage to go there and prevent the accused from doing so. Therefore, he informed the com plainant and others. Jai Lai and Udai Raj also came there running and all of them went towards the place of occurrence. After going on the hillock they saw that both the accused were pressing the neck of deceased Shiv Narain and thereafter mur dering him, they threw the dead body in a ditch. It was around 6 p. m. It started run- ' ning. Thereafter and darkness set in Shiv Narain's dead body could not be recovered. Next morning i. e. on 5-8-90, the complainant along with others, including Dyali Pradhan went to the spot. The dead body was floating. It was taken out of the water and placed under a tree. There was injury around the neck of the deceased and also on the chest and stomach. Due to enmity, the accused have committed this murder. On the basis of the written FIR, Exhibit Ka 1, the chik report was prepared at the police station by Constable Sri Ashok Kumar Dubey on 5-8-90 at 18. 05 p. m. He registered the case.
(3.) THE I. O. Sri Chandra Prakash Singh, P. W. 9 took the investigation in his hands immediately and copied the chik and G. D n*ries in the case diary. After taking police force with him, he started for the place of occurrence, where he reached in the same night. But due to want of proper light, he postponed the Panchayat-nama business for the next morning. Meanwhile, he recorded the statement of Vishwa Nath Gaur. THE investigation started at about 6 a. m. on 6-8-90. THE I. O. prepared the panchayatnama and other relevant document. THE clothes belonging to the deceased were also sealed on the spot. THEreafter, he entrusted the dead body to Constable Sri Uma Shankar Rai, PW-7, in a sealed condition. He produced the same before the Doctor in a sealed condition and identified the same. Dr. P. N. Singh, then attached to P. H. C. Dudhi conducted the post-mortem examination on the dead body on 6-1-90 and collected the following datas: (1) Contusion 6 cm. x 3 cm on the both sides of neck just above the cartilages/brown in colour. Margins were congested. Highly depressed. (2) Contusion 7 cm x 5 cm on the front of right shoulder just below right humerus head. (3) Contusion 15 cm x 8 cm on the middle of chest above the manurium.;