Sandila
village, was situated in area Tandiyawan in District Hardoi, Subedar was living
in this Village, there were Piyareylal and Rain Shankar rival of team. Cross
Cases were pending between these parties.Subedar was
doing pairvi for Ram Shankar and others in the aforesaid proceedings, on
account of which Piyarey Lal and others bore enmity against him. It is alleged the case State v. Ram Shankar was
fixed for hearing in the Court of Hardoi and in that connection Subedar had
gone there. Subedar along with .his son Chhabinath, the first informant,
Chhotey Lal, uncle of Chhabinath, Shripal son of Kamta Prasad and Ram Kishore
were going to their village Sandila and when the said persons reached near
Bhaisaha river in front of Araini village, the appellants came out from behind
the bushes from western side and challenged Subedar saying that if he was doing
pairvi for Ram Shankar, he would not be spared. Piyarey Lal and Ram Narain
possessed lathies, Dayaloo had a country made pistol and the other two Mahendra
and Burikanoo were armed with guns. They assaulted Subedar with lathies as a
result of which he fell down on the ground and Mahendra, Barikanoo and Dayaloo
fired one shot each at Subedar from their respective fire-arms. The companions
of the deceased were at a little distance and seeing the assault on the Subedar
they raised cries, where accused ran away from the scene of occurrence. The
witnesses came near Subedar and found him lying unconscious. Chhabinath sent
Chhotey Lal to Loka Purwa from where he brought quill and cot of Ganga Ram.
Subedar was then taken to the District Hospital. Hardoi where Doctor examined
Subedar and found that he was already dead.
Chhabinath
left the dead body of Subedar in the hospital in the care of his companions and
himself reached the police station Kotwali, District Hardoi. He dictated the
oral report which was taken down by Head Constable. A case was registered, copy
of which has been proved as Rais Ahmad was present at the police station the
F.I.R. was recorded. The investigation of the case was entrusted to him. He
recorded the statement of first informant at the police station and reached the
hospital. The Investigating Officer then reached the place of occurrence, in
the morning the Investigating Officer recorded the statements of Ram Kishore,
Lalloo Ram and Ganga Ram, prepared the site-plan and also took sample of blood
through memo from the place of incident. He then again reached Hospital, he
completed the inquest. All accuse were challaned for committing the murder of
Subedar.
Doctor
conducted the postmortem examination on the dead body of Subedar. The deceased has
died about one day before the post-mortem examination. He was aged about 50
years and death was caused due to shock and coma as a result of ante-mortem
injuries. The post-mortem report was prepared by Doctor Twenty four pellets,
which were found in the body.
The
Sessions Judge decided that the appellants guilty committing the murder of
Subedar and the appellants have been convicted and sentenced.
The High Court held that Barikhnnoo, Mahendra and Dayaloo alias Daya Shankar have been convicted and sentenced for two years under Section 148 I.P.C. and to Imprisonment for Life under Section 302/149 I.P.C., while Piyarcylal and Ram Narain have been convicted and sentenced for one year under Section 147 I.P.C. and to Imprisonment for Life under Section 302/149 I.P.C. All the sentences of each appellant have been ordered to run concurrently.
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