Respondent Noori, however, was acquitted of the charge under Section 201/511 against her.
4 is a witness to the inquest as well as witness to certain seizure made in the companyrse of investigation.
Prosecution case in nutshell is that deceased Ram Bharosey alias Bachan Shah had agone to his tubewell at 10.30 A.M. on 25.2.1975 for getting the same repaired through the mechanic, Latta Mallah P.W. 2.
All of them were sentenced to life imprisonment under Section 302/149 and respondent Noori was further sentenced to undergo for one year under Section 147 and the rest 3 respondents were sentenced under Section 148 of the Indian Penal Code and R.I. for one year under Section 201/511 of the Indian Penal Code.
Prosecution also proved several documentary evidence of which Ext.
While the deceased was being assaulted, respondent Noori was standing.
55 of 1978.
The prosecution examined 9 witnesses in all of whom PWs 1, 2 and 3 are eye witnesses to the occurrence.
26 is the FIR, Ext.
The respondents then filed appeal and the High Court acquitted all of them for the charges levelled against them and hence this present appeal.
The informant Iqbal Narain P.W. 1 prepared a written report and lodged the same at Loni Katra Police Station at 4.30 P.M. On receipt of the said report which was treated as F.I.R. P.W. 7 registered the case and started investigation.
In the meantime the three other respondents along with two unknown persons came armed with knives and lathis and started assaulting the deceased.
9 is the postmortem report of the deceased, Ext.
The defence also examined one witness as PW.
A dog squad was then sent to trace out the two unknown persons and the said dog went upto the door of the accused Raghu Raj which was found locked.
6 is the doctor who had companyducted autopsy over the dead body of the deceased.
40 is the Report of Chemical Examiner and Ext.
5 is the companystable who carried the dead body to the morgue for postmortem examination.
Noori then left the place of occurrence.
9 is the Head Constable who had made some entries at the Police Station on receipt of the written report.
The learned Additional Sessions Judge companyvicted 4 respondents under Section 147 and 302 read with Section 149 I.P.C. and further companyvicted respondents Inder Dutt, Raghu Raj and Bikram under Sections 148, 302 and 201/511 of the Indian Penal Code.
P.W. 2 who followed the deceased and P.W. 1 soon reached the spot and saw the occurrence.
P.C. Finally on companypletion of investigation charge sheet was filed.
On being companymitted the respondents stood their trial.
The defence plea is one of denial.
Witnesses were examined under Section 161 Cr.
The four respondents were tried for offences under Sections 147, 148, 302/149 and 201/511 I.P.C. on the allegation that they along with some unknown persons mercilessly assaulted deceased Bachan Shah with knives and lathis and lathis and thereafter carried a cycle of the deceased and dragged the dead body of the deceased to the nearby grove and left it in a pit and escaped from the place of occurrence.
When both of them were returning respondent Noori stopped the deceased on the way and started talking to him.
The dead body was sent for postmortem examination.
8 is a companystable and formal witness.
Sentences have been directed to run companycurrently.
The learned Additional Sessions Judge on a scruitiny of the entire materials on record companye to the companyclusion, mostly relying upon the evidence of 3 witnesses PWs.
On reaching the place of occurrence, he held the inquest and then sent another officer to search for the accused persons but the accused persons were number found.
Rest of the three respondents after mercilessly assaulting the deceased dragged the dead body towards the grove and threw it into a pit, and left the place.
As he did number companye home to take his lunch till 2.30 P.M. his nephew Iqbal Narain P.W. 1 went to call his uncle for food.
Noori then left the place of occurrence.
The investigating officer seized incriminating articles and sent for Chemical Examination.
B PATTANAIK, J. This appeal by grant of special leave is directed against the order of acquittal passed by the High Court of Allahabad, Lucknow Bench in Criminal Appeal No.
39 is the Serologist Report.
7 is the police officer who had recorded the FIR and investigated into the offence.
