RAMASREY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant along with Radhey Shyam and Munni Lal, was put on trial for an offence under Section 302 read with Section 34 of the Penal Code, for having committed the murder of Gokaran Prasad on 24-11-1975 at about 5.00 p.m.

(2.) It is the case of the prosecution that the deceased along with his brother, Parbhu Dayal PW-1, on 24-11-1975, had gone to the Court of Tehsildar at Sitapur to attend their case, which had been fixed for hearing. The case was, however, postponed. In the evening they were returning to village. On Sitapur Lucknow Road, at about 5.00 p.m. the three accused persons, all armed with Bankas, emerged from the field of Rani Saheba and ran towards the deceased. PW-1 started shouting for help. The deceased fell down on a brick stack. It is said that the appellant Ram Asrey pressed down the deceased, while Radhey Shyam and Munni Lal gave the blows with Bankas. The occurrence was witnessed by Parbhu Dayal, PW-1, Jagannath, PW-5 AND Narain, PW-6. In respect of the motive for the commission of the offence, it is said that two years prior to the occurrence aforesaid, accused Radhey Shyam had erected a wall in front of the house of the deceased, who resisted and did not allow the wall to be constructed. For that Radhey Shyam was prosecuted and because of that he bore a grudge against the deceased.

(3.) The First Information Report was lodged by PW-1 at about 6.45 P.M., in which he gave the details of the occurrence and named PW-5 and PW-6 as the eye-witnesses of the occurrence. The Investigating Officer visited the spot, made the inquest and sent the body for post mortem, which was held the next day. During post mortem examination, the following injuries were found :