BALI RAM Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been filed by Bali Ram, Kundan Ram, Harvinder Singh and Pappu Bela, residents of Nariman Chauraha, Kathgodam, Police Station Haldwani, District Nainital. All the appellants were found guilty of offences under Sections 302/149 I.P.C. Bali Ram was separately charged and found guilty of offence under Section 302 I.P.C. Each one of them, were sentenced to undergo rigorous imprisonment for life.

(2.) THE prosecution case, briefly, was as follows. On 27th June, 1991 at 05:00 P.M. Ganpat Ram (P.W.l) father of the deceased Nand Lal had gone to fetch water from the tap near the shop "Verma Tailors" where Nand Lal used to work. At that time, Bali Ram started teasing a mentally retarded young boy by the name Shankar. This was objected to by Nand Lal. This resulted in quarrel between Bali Ram and Nand Lal. Bali Ram left threatening to come back with his brothers and friends to teach a lesson to Nand Lal. Around 08.00 P.M. on the same day, Bali Ram with Kundan, Pappu Bela, Harvinder (appellants) came back. Kundan dragged Nand Lal towards the road, resisted by Nand Lal. In the process, Nand Lal fell and he was stabbed in the stomach with the knife by Bali Ram despite shouts from Ganpat Ram (P.W.l). Bali Ram thereafter fled with the boys. Nand Lal was taken to Haldwani Hospital. He died on the way. The Doctor pronounced him dead. He was not admitted into the Hospital. Thereafter Ganpat Ram, P.W.l went to the Police Outpost at Kathgodam at 10:30 P.M. on the same day and lodged the complaint. On 28th June, 1991, the Inquest Report (Ex.Ka -5) was made by Sub -Inspector Surendra Singh, P.W.6 (Investigating Officer) at Haldwani Government Hospital and forwarded the body through H.C. Raghunath Singh. The post -mortem was done by Dr. S.P. Ojha (P.W.5) at Haidwani Hospital on 28th June, 1991 at about 01:00 P.M. In all eight persons (including the appellants) were charged by III Addl. Sessions Judge, Nainital on 10th January, 1992 for committing offences punishable under Sections 148, 302/149 I.P.C. Bali Ram (appellant no. 1) was also separately charged under Section 302 I.P.C. They all pleaded not guilty.

(3.) THE prosecution examined Ganpat Ram (P.W. l); father of Nand Lal (deceased); Ajay Kumar Verma, (P.W.2) declared hostile; Rajendra Singh (P.W.3) also declared hostile; Bhoj Raj Singh (P.W.4) - Head Constable at Kathgodam Police Outpost, who registered the F.I.R. on 27th June, 1991; Dr. S. P. Ojha (P.W.5), who did the post -mortem at Haldwani Civil Hospital and sub -Inspector Surendra Singh (P.W.6), who made the Inquest Report and who was Incharge of Kathgodam Police Outpost on 27th June, 1991. of these witnesses, informant P. W.1 - Ganpat Ram supported the prosecution case by stating that on 27th June, 1991 at 05:00 P.M. when he had gone to fetch water at the tap near Verma Tailors, where Nand Lal worked, he saw", Nand Lal preventing Bali Ram from teasing Shankar, a mentally retarded boy which led to a quarrel between Nand Lal and Bali Ram. That Bali Ram had threatened Nand Lal. That around 08:30 P.M., Bali Ram returned with a group of boys from whom P.W.1 could see Kundan, Pappu Bela and Harvinder Singh apart from Bali Ram. That Kundan had dragged Nand Lal across the road. That Nand Lal resisted Kundan and in the process Nand Lal fell and when he fell he was stabbed in the stomach by Bali Ram, who was carrying c knife. That P.W.1 tried to save his son Nand Lal but he failed. That P.W.1 took Nand Lal to Haldwani Government Hospital. However, Nand Lal died or the way to Hospital. In his evidence, Dr. Ojha (P.W.5) has deposed that there was an incised wound 3.5 Cm. x 1.5 Cm. on the right side of the chest and the injury was sufficient to cause death in ordinary course. P.W.5 was not cross -examined. The evidence also shows that after Nand Lal was pronounced dead, P.W.1 came back to Kathgodam Police Outpost; that he dictated his complaint to a Scribe - Prem Shankar; that the F.I.R. was registered by Head Constable Bhojraj Singh, P.W.4; that General Diary entry was made by P.W.6. The evidence of the Investigating Officer show5 that he had made the Inquest Report (Ex.Ka -5) on 28th June, 1991 and he had sent the dead body for post -mortem with Constable Raghunath Singh; that he had visited the site on 15th July, 1991 as his leg was injured; that he had prepared the site plan (Ex.Ka -8) as per the statement of P.W.1.