SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd. Page 3 Monday, October 24, 2022 Printed For: Navami Krishnamurthy, Jindal Global University SCC Online Web Edition: http://www.scconline.com © 2022 EBC Publishing Pvt.Ltd., Lucknow. ----------------------------------------------------------------------------------------------------------------------------------------------------------- and warming yourself before fire”. On this Ramanand got annoyed and went outside the house. The dead bodies are lying at the spot. I came to inform. Lodge the case and take legal action.” Thumb Impression (T.I.) Shambhu Raidas, Applicant, Shambhu Raidas son of Late Shyam Lal Raidas, Resident of village Naamdar Purwa, Hamlet Amethi, Police Station Dhaurahara, District Khera. Date 22.01.2010.” [Emphasis supplied] 8. Thus, it is the case of the prosecution that after the incident the accused appellant went straight to the house of the PW-1, Shambhu Raidas at about 6 : 30 in the morning. The accused appellant is said to have informed the PW-1, Shambhu Raidas as to what had transpired at around 1 o'clock in the night. PW-1, Shambhu Raidas thought fit to inform the police and accordingly lodged the FIR as aforesaid against four unidentified persons. 9. Upon registration of the FIR, the police started the investigation. The investigating officer carried out the inquest proceedings of all the five deceased persons. The dead bodies were sent to the Civil Hospital for post mortem. Thereafter, the investigating officer prepared a site plan of the crime scene (Ext. 6). The post mortem reports revealed that all the five deceased had suffered incised wounds mostly on the head and the neck region. The burn injuries were certified to be post mortem, whereas the incised wounds were certified as ante mortem injuries. The cause of death assigned in all the post mortem reports is shock and haemorrhage as a result of ante mortem head injuries. 10. The accused appellant is shown to have been arrested by the investigating officer on 24th of January, 2010. After the arrest and while the accused appellant was in custody, he is said to have made a voluntary statement that he would show the place where he had hidden the weapon of offence i.e. Banka and his blood stained clothes. Accordingly, the discovery panchnama was drawn of the weapon of offence (Ext. 5). It appears that in the course of investigation, the investigating officer recorded the statements of PW-3, Baburam Hans son of Ramcharan and PW-4, Ram Kumar son of Paanchoo before whom the accused appellant is said to have made extra judicial confession. The investigating officer also recorded the statement of the PW-1, Shambhu Raidas, the first informant and PW-2, Chhatrajpal Raidas (brother of the deceased Sangeeta). 11. At the end of the investigation, charge sheet came to be filed for the offence of murder punishable under Section 302 of the IPC. The Magistrate committed the case to the Court of Sessions Judge, Lakhimpur Kheri under Section 209 of the CrPC. Upon committal, the Sessions Trial No. 379 of 2010 came to be registered. 12. On 06.07.2010 the Additional District and Sessions Judge, Fast Track Court, Lakhimpur Kheri framed charge against the accused appellant. The statement of the accused appellant was recorded. The appellant did not admit the charge and claimed to be tried. 13. The prosecution adduced the following oral evidence in support of its case: S. No. Oral Evidence - Witness 1. PW-1 Shambhu Raidas 2. PW-2 Chhatrapal Raidas 3. PW-3 Babu Ram Hans 4. PW-4 Ram Kumar 5. PW-5 Dr. A.K. Sharma 6. PW-6 S.I. Uma Shankar Mishra 7. PW-7 Inspector Yogendra Singh 8. PW-8 Dr. S.P. Singh 9. PW-9 Dr. Ankit Kumar Singh