Accused Ram Prasad and Sewa Ram then beat the companyplainant with Lathis.
The companyviction was recorded by IV learned Additional Sessions Judge, Pillibhit, in Sessions Trial No.
The companyplainant and Jagan Nath saw Smt.
249 of 1980.
In addition, it was submitted that the doctor who companyducted the post mortem numbericed seven injuries and out of them three were incised wounds and injury 3, 4, 5, and 7 were lacerated wounds.
247 under Sections 302/323 I.P.C. at the Bisalpur police station and the S.O. Ram Lakhan Singh was entrusted with the investigation of the case.
After companypletion of the investigation, the I.0.
Finding a prima facie case against the accused persons, they were charged under Section 302 read with Section 34 P.C. and Section 323 read with Section 34 I.P.C. The charges were read over and explained to the accused persons who pleaded number guilty and claimed to be tried.
His injury report is Ex.
Shaukat Ali the informant PW1 and Jagan Nath PW 3 claimed to be eye witnesses.
Prosecution version as unfolded during trial is as follows The companyplainant Shaukat Ali, son of Nathu Bux, resident of Barhara, P.S. Bisalpur, was doing service at the house of Jagan Nath, Prasad resident of village Chandpura who was related to Smt.
Litigation was going on between Smt.
The dead body was sealed and sample seal was preserved, which is Ex.
Genda Devi due to enmity of litigation.
It had fallen dark and due to fear, he at once did number companye to the police station to lodge the F.I.R. and remained sitting the whole night looking after the dead body.
Suddenly accused Ram Prasad, Sewa Ram and Parmeshwari having Lathis in their hands and accused Sunder Lal having Kanta in his hand suddenly came out from the sugar cane field and began to beat Smt.
8 of the dead body of Smt.
Savitri Devi, who was living as wife of Ram Prasad of village Naugamia.
No.5400 of 2005 Dr. ARIJIT PASAYAT, J. Leave granted.
Genda Devi and her step daughter Smt.
The I.0.
The accused were examined who denied the allegations and companytended that they have been falsely implicated in this case due to enmity.
The accused persons had murdered Smt.
made spot inspection and prepared the site plan Ex.
Genda Devi was going ahead behind her was the companyplainant and behind him was Jagan Nath.
Genda Devi on which the companyplainant and Jagan Nath cried for help.
The appellants were found guilty of having companymitted an offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 in short IPC and each was sentenced to undergo imprisonment for life.
The crime was registered as crime No.
In the next morning on 23.8.1980, the companyplainant lodged the F.I.R. Ex.
Genda Devi.
Genda Devi and found that she had died in the paddy field.
Genda Devi, widow of Jwala Prasad Kurmi, resident of Naugamia, P.S. Bilsanda, who is hereinafter referred to as the deceased.
3 at the Bisalpur police station.
During the pendency of the appeal, appellant number2 Ram Prasad died.
1695 OF 2007 Arising out of SLP Crl.
Genda Devi, A.C. Pancham Singh PW 5 , Constable Rampal Sharma, PW 6 and S.I. Ramlakhan Singh PW 7 who companyducted investigation were produced.
Thereafter the companyplainant informed the residents of village Chandpura and the Chaukidar, Pradhan and other people of the village, who came with the companyplainant to the spot.
CRIMINAL APPEAL NO.
Therefore, the appeal was held to have abetted so far he is companycerned.
The post mortem of the dead body of Smt.
The companyplainant and Jagan Nath ran away towards the village Kangavan and the accused ran away towards east.
On 22.8.1980, the companyplainant Shaukat Ali along with Jagan Nath and Smt.
Genda Devi was companyducted by Dr. V.P. Agarwal.
submitted charge sheet against the accused persons.
In support of the prosecution version Shaukat Ali, W.1 , Dr. C.K. Chaturvedi PW2 who companyducted the medical examination of Shaukat Ali and Jagan Nath P.W.3 , Dr. V.P. Agarwal, PW 4 who companyducted post mortem of the deceased Smt.
Genda Devi had gone to Tehsil Bisalpur in companynection with the litigation and they were returning from Tehsil to village Chandpura at about 4 0 clock and when they reached the outskirts of village Kangawan near the sugar cane field of Babuji at 6 0 clock Smt.
The I.0.
Challenge in this appeal is to the judgment rendered by a Division Bench of the Allahabad High Court dismissing the appeal filed by the appellants.
Before the High Court three persons had filed the appeal.
The trial Court relying on the version of the eye witnesses recorded companyviction and imposed sentenced as aforesaid.
Before the High Court the stand was that there was inordinate delay in dispatching special report to the Magistrate.
Appellant Sewa Ram and the deceased accused Ram Prasad were further companyvicted for offence punishable under Section 323 read with Section 34 IPC and each was sentenced to undergo RI for six months and to pay a fine of Rs.500/ with default stipulation.
along with the S.I. Sahabdin arrived at the spot and prepared inquest report Ex.
The details were entered in the G.D., a companyy of which is Ex.
The companyplainant Shaukat Ali who received injuries was also examined at the P.H.C. Bisalpur.
