RAM BHUKAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal under S. 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act read with S. 379, Cr. P.C. There are three appellants. It is reported that appellant No. 3 Ram Bilas has died. Therefore we are concerned with the remaining two appellants. The three accused were tried under S. 302/ 34, I.P.C, for causing the death of one Lai Singh. Appellant No. 2 Brij Bhukan was also charged under S. 324, I.P.C. for causing injuries to Ram Karan Kahar, P.W. 2. The trial Court acquitted all of them. The State preferred an appeal and the High Court relying on the evidence of eye-witnesses P. Ws. 2, 3 and 4 convicted them under S. 302/ 34, I.P.C. and sentenced each of them to undergo imprisonment for life. Appellant No. 2 Brij Bhukan was also convicted under S. 324, I.P.C. and sentenced to undergo two years' R.I. Hence the present appeal.

(2.) The appellants, who are brahmins and the material witnesses are the residents of village Shahbazpur, District Pilibhit. Deceased Lai Singh was a Thakur and belonged to village Nangawan, District Shahjahanpur, which is about half a mile from village Shahbazpur. P. W. 2 Ram Karan Kahar belongs to Shahbazpur itself. Railway Station, Bilapur where this incident took place lies at a distance of about 8 miles from Shahbazpur and falls within the area of Police Station Fatehganj (East), District Bareilly. People from neighbouring villages used to board the trains at this Station to go to Bareilly and Shahjahanpur. There was a background of enmity between the accused and the deceased. Ram Bhukan, one of the appellants herein and his mother had been beaten up earlier and in that case, the deceased Lal Singh and others figured as accused. They were prosecuted but were acquitted. Again on 9-6-72 there were two cross-reports about an incident which took place in village Shahbazpur.

(3.) According to the prosecution on 25-6-74 the deceased along with P. W. 2 came to Bilapur railway station for boarding a train for Bareilly to purchase the cattle. The deceased and P. W. 2 went to Platform No. 2 where they had some meals and waited for the train. At about 12.30 p.m. the three accused and two others came there from the east. Accused Ram Bhukan gave a knife blow to Lal Singh deceased. When P. W. 2 tried to intervene, accused Brij Bhukan gave a knife blow to him. Both Lal Singh and Ram Karan started running towards the west. But the accused inflicted a number of knife blows on Lal Singh while he was running. They ultimately caught hold of him and killed him on the spot. The other two unknown persons assaulted Lal Singh and Ram Narain with lathis. This occurrence was witnessed by P. Ws. 3 and 4 who happened to be there. A big crowd was also there. However, the accused managed to run away, P. W. 2, who received injuries, gave a report at about 1.25 p.m. at Police Station Fatehganj East. P. W. 13 S.H.O. registered the crime and proceeded to the place of occurrence. He held inquest over the dead body and sent the same for post-mortem. The doctor, who conducted the post-mortem, found as many as 19 injuries and most of them were incised wounds and rest of them were abrasions and contusions. P. W, 2 was examined by another doctor, who found on him a lacerated wound 3 cm x 0.25 cm on the head, an incised wound on the middle finger of left hand and three contusions over the back and shoulders. The prosecution relied on the evidence of the eye-witnesses P. Ws. 2, 3 and 4. The plea of the accused has been one of denial and they pleaded that because of the enmity they were falsely implicated. They examined D. Ws. 1 to 3. D.W. 1 was examined to show that page No. W. 3, Rajpal Singh is the brother-in-law of the deceased. D.W. 3 was examined to speak about the earlier cross-reports dated 9-6-72. D. W. 2, who was the Assistant Station Master of Bilapur Railway Station, deposed that while he was in the quarters he heard a hubbub and came out and saw an injured person running obviously referring to P. W. 2, Who on being asked told him that some unknown assailants had killed his friend. The trial Court held that the three eye-witnesses P. Ws. 2, 3 and 4 are the most interested witnesses and the fact that page No. W. 2 told D.W. 2 that some unknown persons killed the deceased, would show that he could not identify the assailants and that after his relations came there were consultations and thereafter the accused were falsely implicated. In this context the learned Sessions Judge also relied on the evidence of P.W. 12, the Station Master, who to some extent supported the version given by D.W. 2.