- (1.) N. S. Gupta, J. All the aforesaid three criminal appeals are directed against the judgment and order of conviction dated 6-8-79, passed by Sri G. D. Dube, the then 1st Additional Sessions Judge, Azamgarh, convicting and sentencing the accused appellant Basant Singh under Section 148/302, IPC read with Section 149, IPC to one year R. I. and imprisonment for life and further convicting accused appellants Chhotey Lal and Brahmdeo under Sections 147 and 302/149, IPC and sentencing them to life imprisonment under Section 302/149, IPC and six months R. I. under Section, 147, IPC.
(2.) THE prosecution story briefly stated is as follows: THE complainant Smt. Sudami (PW-1) is the wife of deceased Jamuna Ahir, who was a resident of village Raidopur, situate at the bank of river Tons, within the circle of police station Kotwali Sadar, district Azamgarh. Accused appellants Basant Singh, Chhotey Lal and Brahmdeo were dose friends. Basant Singh was a resident of Raidopur whereas Chhotey Lal and Brahmdeo were the residents of Matwar Ganj, police station Kotwali, district Azamgarh. Prior to the incident of this case, on the occasion of Dussehra festival, accused appellant Basant Singh had quarelled with one Ramadhar in Mohalla Galbal, district Azamgarh. When the de ceased Jamuna Ahir and his brother Ganga (PW-2) tried to intervene into the matter, Basant Singh assaulted the de ceased and his brother by means of bam boo stick and caused injuries in the head of the deceased and his brother. THE de ceased Jamuna snatched away the Bamboo stick from the hands of Basant Singh and assaulted Basant Singh and caused a head injury to Basant Singh. THE matter was pacified by the people of the Mohalla and, therefore, this incident of Marpeet was not reported to the police. The occurrence of the present case took place on 7-2-78 at about 4. 30 p. m. when the deceased Jamuna Ahir and his brother Ganga (PW-2) were grazing their buffalo and goat respectively on the bank of river Tons. The complainant Smt. Sudami (PW-1) was cutting grass by means of Kuhrpi in a nearby field. The prosecu tion claimed that the accused appellant Basant Singh, Chhotey Lal and Brahmdeo emerged from a nearby Arhar field. Their two other associates came from towards south and three from towards north. They all surrounded the deceased. The deceased tried to run away by jumping into the river. Accused appellant Brahmdeo asked the deceased that if he would try to run away he would be shot dead. He asked the deceased to talk to accused appellant Basant Singh and beg pardon from him. Brahmdeo assured that the deceased would not be killed and the dispute would be pacified. Thereafter, Smt. Sudami fell down on the feet of Basanl Singh and Brahmdeo and requested them not to kill her husband, otherwise, her children would be ruined. Brahmdeo assaulted the deceased by means of fists and kicks and caused injury on the right eye of the de ceased. His other associates pushed down the deceased on the ground. Basant Singh took out a knife from his pocket and started assaulting the deceased. Smt. Su dami remained standing with a Khurpi in her hand. Accused appellant Chhotey Lal snatched away the Khurpi from the hands of Smt. Sudami. He too started assaulting the deceased by means of the said Khurpi. Smt. Sudami cried and attracted her brother-in-law Ganga (PW-2), the brother of the deceased. Three police constables also arrived there. They apprehended ac cused appellant Chhotey Lal on spot. Chhotey Lal tried to run. He threw away the Khurpi in the river. The constables picked up the deceased and brought him near the gate of Devi in Mohalla Raidopur where the deceased succumbed to his in juries. Leaving the dead body of the de ceased there, complainant Smt. Sudami, alongwith her brother-in-law Ganga (PW-2) three constables and Chhotey Lal ac cused came to police station Kotwali, Azamgarh where Srnt. Sudami lodged an oral report (Exh. Ka 1) about this occur rence on 7-2-78 at 5. 30 p. m. i. e. just within an hour. Sri Bhola Nath Pandey (PW-7), who was then working as Sub-Inspector at police station Kolwali Azamgarh imme diately took up the investigation of the case in his hand. He recorded the state ment of Smt. Sudami right at the police station and thereafter rushed to the scene of occurrence. He directed Ganga Ram and other constables to go and look after the dead body of the deceased. After arriving at the spot. S. I. Bhola Nath Pandey in spected the dead body of the deceased and after preparing inquest report and neces sary papers, despatched the dead body for post-mortem examination through con stable Mukteshwar Misra (PW-5 ).
(3.) ON 8-2-78 S. I. Bhola Nath Pandey again visited the scene of occurrence. There he recorded the statement of Ganga (PW-2) and other witnesses. He carried out the detailed inspection of the scene of oc currence and prepared site plan Exh. Ka 8. He also recovered blood stained and sim ple earth from the scene of occurrence. He made search for the accused persons but they were not available. He, therefore, ob tained processes under Section 82/83, Cr PC against the accused appellants Basant Singh, Brahmdeo and Raju Pandey (the fourth accused since acquitted by the trial Court ). He recorded statement of constable Raghav Prasad Pandey and Baijnath Yadav on 21-2-78. ON 22-2-78, he re corded the statement of accused Brahmdeo and after concluding the investigation he submitted charge-sheet against the accused appellants Basant Singh, Chhotey Lal Brahmdeo and Santosh @ Raju Pandey. After committal of the case to the Court of Sessions by the Chief Judicial Magistrate Azamgarh, the case came up for trial before the 1st Additional Sessions Judge, Azamgarh, who framed charges under Section 147/302/149, IPC against the accused appellant Brahmdeo, Raju @ Santosh Kumar and Chhotey Lal. The learned Judge framed charges under Sec tion 148/302/149, IPC against the accused appellant Basant Singh. The accused ap pellants as also Raju @ Santosh Kumar pleaded 'not guilty' and claimed trial. The accused appellants denied their association with each other. They showed their igno rance about the incident.;