LAWS(SC)-1993-9-139

DHARAM PAL Vs. STATE OF UTTAR PRADESH

Decided On September 30, 1993
DHARAM PAL Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) On 6-4-1974 at about 8.30 a.m., a grave rioting took place near a field situated in village Bhuma within the limits of Miranpur Distt. Police Station during the course of which, one Raja Ram died and some others received injuries on the prosecution side and two persons died on the side of the accused and some others also received injuries. A report was given to the police and five accused were tried, by the trial Court for offencess punishable under Ss. 147, 148, 302 read with 149 and 307 read with 149 Indian Penal Code. The trial Court convicted four of them. original accused Nos. 1 to 4 and acquitted Santar Pal, the 5th accused. The four convicted accused preferred an appeal to the High Court but the same was dismissed. Hence, the present appeal.

(2.) The prosecution case is as follows :-

(3.) The Doctor, who conducted the post-mortem on the dead body of Raja Ram, found three gun-shot wounds and some incised wounds. On internal examination, he found lungs and pericardium are lacerated and some ribs were fractured and he opined that the death was due to those fatal injuries. The Doctor also examined the injured persons Bhagal, Kabool, Bhundia and Madan. The Doctor also conducted the post-mortem on the dead bodies of Sarni and his father, Ami Chand belonging to the accused party and the Doctor found number of gunshot injuries and incised wounds on their bodies. The Doctor also examined Govind (A-2) and others who received injuries.