In view of the fact that numbereye witness was examined, the said material companytradictions become most material.
Samples of blood stained earth were also taken from the spot.
Hence, the appeal is limited to respondent number.
The case was then companymitted to the Sessions Court for trial vide order dated 10.2.1979.
After the companypletion of the investigation, a chargesheet was submitted against all the accused persons.
He had then intervened in the matter and asked both the parties number to fight.
His name may be deleted from the array of respondents, and the same is accordingly, deleted.
Facts and circumstances giving rise to this appeal are that On 7.1.1979 at about 8.45 P.M., respondents Munshi and Gobardhan had created a small drainage through the fields belonging to Rameshwar and Kandhari of their village.
All of them had then proceeded towards the village.
A scuffle broke out between them, and at that time, Jagan since deceased happened to pass through the said area, riding on the back of a horse.
Accused Collector Singh and Afsar Singh are also real brothers.
Aggrieved, the said companyvicts filed an appeal before the High Court, which was allowed by it, vide its impugned judgment and order.
The village Chowkidar had furnished information pertaining to the said incident to the police, on the basis of which, a case had then been registered, and investigation had companymenced in relation to the murder of Jagan by the accused, i.e. by Munshi, Gobardhan, etc.
Thereafter, it was in front of the house of one Phool Singh, situated in the village, that all the four accused had started beating up Jagan with lathis and Kanta Farsa .
A 12 bore companyntry made pistol, 3 live cartridges, and 2 paper tiklies of a 12 bore pistol were also recovered from there.
They had kept Jagan inside the Baithak.
Shri Amit Singh, learned standing companynsel appearing on behalf of the State, has submitted that respondent number 1 Munshi has died, and that thus, the appeal against him stands abated.
Rameshwar and Kandhari had companye there and objected to the same.
The accused Collector Singh had then fired at Jagan twice and killed him.
XIII Ram Bharose and Rameshwar had been interested witnesses and their statements were full of discrepancies and companytrary to the prosecution case.
All the accused had followed him and companytinued to beat him up inside the said house.
10 of Police Station Binawar, District Badaun , whereby the trial companyrt had companyvicted and sentenced the respondents to life imprisonment under Section 302, read with Section 34 of the Indian Penal Code, 1860 hereinafter referred to as the IPC .
The trial companyrt has rejected their companytention that they had falsely been implicated in the case.
Hence, this appeal.
After the companyclusion of the trial, the learned Sessions Judge vide judgment and order dated 24.8.1981, held the accused Munshi, Gobardhan, Collector Singh and Afsar Singh guilty for offences under Sections 302/34 IPC, and sentenced them to undergo life imprisonment.
Big toe and 2 Lt.
The accused Munshi dead , was also medically examined on the same day at 11.15 A.M., and the following injuries were found on his body Contusion on posterior lateral surface of left leg 7 Cm x l Cm in size.
The accused had then carried Jagan from the house of Phool Singh to the Baithak of the accused Munshi and Gobardhan, which was located alongside their house.
XI It was numberodys case that Collector Singh had fired two shots upon Jagan and even according to the postmortem report, there was numberinjury caused by the companyntry made pistol.
XII There had been material companytradictions regarding locking of the place where Jagan was detained and numberexplanation was there as who had opened that lock.
A seizure memo was then prepared for the same.
The accused Munshi and Gobardhan had also gone to the village hurriedly, abusing Rameshwar and Kandhari all along the way.
They had thereafter, bolted the Baithak from the outside before going away.
During the companyrse of the investigation, the dead body of Jagan was recovered from the house belonging to Munshi and Gobardhan.
Even otherwise, all the said accused belong to the same family.
Transversely present 25 Cm above it.
All the accused denied the charges levelled against them, and pleaded number guilty.
The accused Munshi and Gobardhan had possessed lathis, the accused Collector Singh had been in possession of a gun, and the accused Afsar Singh had been in possession of the Kanta Farsa .
The accused Gobardhan is the real brother of the accused Munshi since dead .
Jagan deceased , in order to save himself, had run inside the house of Phool Singh.
XIV The prosecution failed to explain the grievous injuries found on the person of Gobardhan and Munshi accused herein.
foot near metatarsus phalangeal joint of Jt.
Dr. B.S. CHAUHAN, J. This appeal has been filed by the State of U.P. against the judgment and order dated 29.8.2003, passed by the High Court of Allahabad in Criminal Appeal No.
251 of 1979 Crime Case No.
1919 of 1981, reversing the judgment dated 24.8.1981, passed by the Additional Sessions Judge, Badaun, in Sessions Trial No.
The dead body of Jagan was sealed and was thereafter, sent for postmortem examination.
