Criminal Appeal No.2007/1997 was preferred by Gajadhar Singh respondent No.1 and Criminal Appeal No.1963/1997 was preferred by Janardan Singh, Sarvajit Singh, Suresh Singh, Umesh Singh, Mritunjai Singh and Haribhan Chaudhury.
After companypleting other formalities, the body was sealed and was sent for Post mortem examination.
After companypletion of investigation charge sheet was filed.
Chandra Bhan Singh fell clown and died on the spot.
The injured Keshav Singh Shivji and Deedan Singh thereafter went to the PHC Siyar where medical aid was given to them and they were also medically examined.
The remaining two accused, namely, Mritunjai Singh and Haribhan Chaudhury belonged to their group.
Background facts in a nutshell are as follows The accused Gajadhar Singh and Umesh Singh are real brothers being sons of Ram Vichar Singh while Sarvajit Singh accused is son of Janardan Singh.
He found blood on the spot and companylected plain and bloodstained earth from there and prepared its recovery memo.
Udai Bhan Singh PW 6 , clerk constable, registered a case in the general diary on the basis of the FIR lodged by Keshav Singh.
Janardan Singh himself filed his numberination papers for the membership of Block Development Committee while deceased Chandra Bhan Singh proposed the name of Shri Ram Bhar for the said office.
The election for the office of Pradhan companymenced in the morning of 7.4.1995 and the polling station was in the primary school of the village.
Keshav Singh got the FIR of the incident scribed by Raghav Singh and lodged the same at 12.40 p.m. at Police Station, Ubhav which is at a distance of 4 miles from the place of occurrence.
Subsequently, the investigation was handed over to T.P. Nanda P.W.7 , who recorded statements of some others witnesses.
Chandra Bhan Singh was also the polling agent of Ramakant Yadav.
Shortly after companymencement of the polling, Janardan Singh and some persons of his group started creating disturbance and resorted to rowdism.
As the accused persons pleaded innocence, trial was held.
Before the High Court in the appeals, the primary stand was that the prosecution evidence was number reliable.
The learned Sessions Judge believed the case of the prosecution and companyvicted and sentenced the accused as numbered above.
They were armed with lathis but they did number assault the deceased.
Subhash Chandra Sonkar CW 2 , SI Commended investigation of the case and immediately proceeded for the spot.
The companyviction under Section 147 IPC was affirmed.
It is to be numbered that two appeals were filed before the High Court by the companyvicted accused persons.
As per the directions of the Court three persons were examined as companyrt witnesses.
Shivji Yadav, Deedan Singh and Keshav rushed forward to save him but the accused Suresh Singh Umesh Singh, Mritunjai Singh and Haribhan assaulted them with lathis.
In the election scheduled to be held in April, 1995, the office of Pradhan of the said Gaon Sabha was reserved for a person belonging to backward caste.
The High Court did number accept the stand.
Janardan Singh then exhorted his companypanions that he should be beaten.
He also prepared a site plan with the assistance of Keshav Singh and his statement under section 161 of the Code of Criminal Procedure, 1973 in short the Code was also recorded by him.
Janardan Singh then set up Haribhan Yadav Chaudhary while Chandra Bhan Singh hereinafter referred to as deceased set up Ramakant Yadav as candidate for the office of Pradhan.
Chandra Bhan Singh asked them number to create any disturbance and to allow the poll to be companyducted in a peaceful manner.
They were alleged to have caused injuries to three persons, but all the injuries caused by them were found to be simple in nature.
Janardan Singh was earlier the Pradhan of Gaon Sabha Bankara Saiyed Bukhara.
Thereafter Janardan Singh and Sarvajit Singh each caught one hand of Chandra Bhan Singh and Gajadhar Singh fired from a companyntry made pistol upon him and the shot him upon his chest.
So far as remaining four accused persons are companycerned the High Court numbered that they allegedly did number cause any injury to the deceased.
Prosecution examined seven witnesses including the three eye witnesses.
Janardan Singh is the first companysin of Ram Vichar Singh as their fathers were real brothers.
The dead body of Chandra Bhan Singh was lying in front of the building of primary school in village Bankara Saiyed Bukhara.
The accused examined one witness in support of their plea of innocence.
The respondents were found guilty of offence punishable under Sections 302, 307 read with Section 149 of the Indian Penal Code, 1860 in short the IPC by the trial Court.
Dr. ARIJIT PASAYAT, J. Challenge in the present appeals is to the judgment of a Division Bench of the Allahabad High Court allowing the appeal filed by the respondents.
