Advocates:
['R B GAUR', '', 'GAYATRI KUMARI a c', 'A P PANDEY', 'MANPHOOL SINGH', 'A G A', '', 'ASHUTOSH SHARMA A C']

Reserved on 21.4.2022

Delivered on 18.5.2022

Court No. - 46

Case :- CRIMINAL APPEAL No. - 6100 of 2003

Appellant :- Rajendra Singh

Respondent :- State of U.P.

Counsel for Appellant :- R.B. Gaur,A.P. Pandey,Gayatri Kumari A.

C.,Manphool Singh

Counsel for Respondent :- A.G.A.,Ashutosh Sharma (A.C.)

Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Mrs. Sadhna Rani (Thakur),J.

[By Mrs. Justice Sadhna Rani (Thakur)]

Law was set into motion with the lodging of the first information

report on 15.5.2000 at about 17.30 hours, on the basis of a written report

submitted by the first informant Ghurai son of Puttu with the allegation

that a villager Rajendra etc. had committed murder of the nephew of the

first informant about six years back and due to that enmity on 15.5.2000,

on a dispute among the children, Rajendra son of Ramnath armed with

banka, Chhutkai son of Ramnath, Sunil son of Ramnath and Ramnath all

armed with lathies, entered into the house of the first informant at about

4.00 ‘O’ Clock in the evening and started hurling filthy abuses. When the

father of the first informant resisted then, Ramnath exhorted other accused

persons to kill the complainant and his father. All the four accused persons

started thrashing his father with banka and lathi and committed the

murder of his father. On their hue and cry, Collector son of Butram Yadav

and Lalaram son of Nokhey Lal reached at the spot and challenged the

accused persons. At this, all the accused persons fled away. While

defending his father, the first informant also sustained injuries on his head

and hand.

After lodging the first information report as case crime no. 45 of

2000 under sections 302, 452, 323, 504 I.P.C. against Rajendra, Chhutkai,

Sunil and Ramnath, the investigation was conducted by Sub Inspector

H.S. Chima and after his suspension by A.S.I. Ram Kailash Singh,

Sub Inspector H.S. Chima conducted the inquest, prepared inquest

report and its related documents, collected blood stained and plain earth,

prepared memos in that regard, prepared the siteplan of the place of

incident, sent the blood stained and plain earth for examination to the

Forensic Science Laboratory. A.S.I. Ram Kailash Singh recovered the

murder weapon, Banka at the pointing out of appellant Rajendra on

22.5.2000 from his house and prepared memo in that regard. He also

prepared siteplan of the place of recovery, arrested four accused persons

on the same day, i.e. on 22.5.2000, recorded statements of witnesses and

also copied documents in the C.D. After due investigation, he filed

chargesheet against all the four accused persons. After receiving

chargesheet, learned trial court summoned the accused persons, took

cognizance of the offence, supplied necessary copies to the accused

persons and committed the case to the Court of Sessions.

Learned Additional Sessions Judge, Court No. 1, Shahjahanpur

charged all the four accused persons under Sections 452, 302/34, 323/34

2 of 23

I.P.C. on 19.2.2000. All the accused persons pleaded not guilty and

demanded trial.

The prosecution produced as many as six witnesses in support of

the charges.

P.W.-1 Ghurai Lal son of the deceased and the first informant

proved his written report, P.W.-2 Collector son of Butram was produced

as the independent witness who described the incident, P.W.-3 Dr.

A.K.Nigam proved the post mortem report of the deceased Puttu Lal,

P.W.-4 Dr. A.K.Singh proved the injury report of the first informant

Ghurai. P.W.-5 the second I.O. Ram Kailash Singh proved the recovery of

the murder weapon, memo of recovery, site plan of the place of recovery

and the chargesheet, P.W.-6 S.I. Triveni Prasad Shukla proved the chik

F.I.R. and copy of GD. He also proved the inquest report, documents

prepared along with the inquest report, memo of recovery regarding blood

stained and plain earth and the site plan of the place of the incident.

As documentary evidence, the prosecution produced the written

re