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6. The investigation of this case was assigned to S.I. Jagdamba Srivastava who proceeded to the place of occurrence on 4.12.1978 at about 11 AM and reached there at 11.15 AM and filled-up panchayatnama of the deceased, prepared photo lash, challan lash and chhithi for post mortem which are Ex. Ka-2, Ka-5 and Ka.-7 respectively. The dead body was sealed and handed over to constable Heera Shanker and Prabhu Shanker. The informant Murari Lal had also accompanied him to the place of occurrence and from there he was dispatched for his medical examination, thereafter he made inspection of the place of incident and prepared site plan which is Ex. Ka. 8. He collected plain soil (Material Ex. Ka.-13, blood-stained soil (Material Ex. Ka.14) and kept them in separate containers and prepared its fard which is Ex. Ka.-19. Prior to sealing the dead-body of the deceased, the fard with respect to the personal belongings of the deceased i.e. one Coat, (Material Ex. Ka-1), Pant (Material Ex. Ka-2), one Shirt (Material Ex. Ka.-3, Sweater (Material Ex. Ka-4) Tie (Material Ex. Ka-11) were taken in possession and their fard was prepared which is Ex. Ka.-2. At the same time one pair of Shoes (Material Ex. Ka.6), Socks (Material Ex. Ka-5), Belt (Material Ex. Ka-7) were also taken in possession which were recovered near the dead-body of the deceased and their fard was prepared which is Ex. Ka.11. One blood-stained bullet was also taken in possession by him which was sealed and its fard recovery was prepared which is Ex. Ka.12 and the said bullet is Material Ex. Ka-15. Thereafter, he came to know that accused Basant was hiding in sugarcane field and, therefore, he along with other police personnel and witnesses Hari Kishan, Din Dayal and many others went to the said field of sugarcane which belonged to Ram Prakash Barbar, where accused-Basant was found, who was taken into custody and his statement was recorded. The said accused disclosed that he had concealed the bloodstained fawda in his field of lahi which could be provided by him. Thereafter, the said accused with the witnesses was taken to the said field of lahi where he gave out one fawda which is Material Ex. Ka.12. The handle of the said fawda was cut into two parts and thereafter, the iron part of fawda and its wooden handle were sealed at one place while rest of the handle was sealed separately and their fard was made which is Ex. Ka.3. A site-plan was also prepared of the said place from where accused persons had provided fawda which is not available on record. Thereafter the accused-Basant was dispatched to police station with constable Raja Ram and Indrajeet. He also recorded the statements of witnesses of the said fard of fawda namely, Din Dayal and Hari Kishan and thereafter, made raid at the houses of accused but none could be found. He recorded statement of witnesses Soney Lal, Ram Sanehi etc and remained in village during the night and on the next day in the morning at about 8 AM got sealed, one bullet, and deposited it in Malkhana which was entered in G.D. in report no.14 by Head Constable Nand Kishor which is exhibit ka-13. Thereafter, against other accused, process was followed under Section 82 and 83 Cr.P.C. for securing their presence. Accused Kailash on 9.12.1978, and accused Subhash, Vishwanath and Govind on 13.12.1978 surrendered in Court and thereafter, they were interrogated in jail. After concluding the investigation the charge-sheet was submitted against them which is Ex. Ka.14. He also recorded statement of Dr. P.K. Sharma on 8.7.1979 after submission of charge-sheet.

29. P.W.3 Din Dayal Singh son of Panchhi Lal has stated in examination-in-chief that occurrence took place about four years ago. He reached the place of incident at about 2PM and saw that two Inspectors and three constables and Hari Kishan etc were present there. He along with Hari Kishan and three-four men together with police proceeded towards the field of Ram Prakash barber in order to arrest the accused. In the field, accused Basant Singh was arrested and after his arrest, he made a disclosure that he could get the fawda recovered, pursuant to which all of them went to the field of Lahi from where he gave out a fawda to the I.O. which is material Exhibit-12, the same was blood smeared. The handle of the fawda was broken into two parts. The fawda with broken handle was sealed and the half part of it was separately sealed. The Inspector had made the fard in this regard which is Exhibit ka-3 signed by this witness.

31. At the field of Ram Prakash Nai, the Inspector had not done any writing work although Basant was interrogated, but the same was not reduced into writing. At the field of Ram Prakash Nai a talk was held between Inspector and Basant for about 5 to 10 minutes and after the writing was done at the field of Basant, thereafter Basant was arrested. He was arrested prior to preparing the fard. All of them stayed there till about 1 to 1½ hours after the recovery of fawda at the field of Basant. When he (P.W.3) reached the place of incident, 10 to 5 minutes thereafter, they went to the field of Ram Prakash Nai and had reached there within 10 to 15 minutes. For breaking the handle of fawda, a saw was brought from village by a constable, although some-one from the family had accompanied him for bringing saw, but he could not tell his name nor address. This witness has not signed the fard, which was written in the field of Basant and thereafter, this witness's statement and that of Hari Kishan were recorded. This witness has denied that the fawda was not recovered in his presence or that accused Basant was not arrested in the said field and also stated it to be wrong that the police had arrested Basant near Mahewa.

32. This witness is a witness of recovery of fawda, which is recovered, as per prosecution, from the field of lahi belonging to accused Basant, at the pointing out of accused Basant and there was blood found on the same and the fard of its recovery is also made in the presence of this witness.

33. P.W.-4 Dr. R.K. Agrawal has stated in examination-in-chief that on 5.12.1978, he had conducted the postmortam of the deceased at about 2:30 PM whose dead-body was brought by constable Prabhu Dayal and Hari Shanker and he found following ante mortem injuries on the person of deceased;-