RAM CHARAN Vs. STATE

JUDGEMENT

(1.) THIS appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 31 -05 -1983 passed by, learned Additional Sessions Judge/Special Judge, Nainital in Sessions trial No. 236 of 1983, convicting and sentencing each of the appellant Ram Charan and Ummed Singh under Section 302 of the Indian Penal Code, 1860, to undergo rigorous imprisonment for life.

(2.) THE prosecution story, in brief is that one Nathu Singh (deceased) had two wives. Appellant Ram Charan is the son of the deceased from one of his wives and appellant Ummed Singh is son of Ram Charan. Informant Smt. Mungia (P.W.2) is the daughter of deceased from his second wife. About some eight years before the date of incident, Nathu Singh (deceased) had executed a will in respect of his 121/2 big has of land in favour of Sri Ram, the minor son of Smt. Mungia (informant - P.W.2). A couple of months before the date of incident Nathu Singh fell ill and sent a letter to his daughter Smt. Mungia intimating about his illness. Smt. Mungia came to her father's place where his father i.e. Nathu Sinah expressed his desire to transfer rest of his land in hername as no one including his son were looking after him. On 16 -09 -1983 at about noon, Smt. Mungia (informant - P.W.2) and her husband Lal Singh (P.W.5) were taking Nathu Singh to Nadehi for treatment. When they reached near the field of Parasram they saw appellants Ummed Singh and Ram Charan coming towards them carrying gunny bags over their heads and laathies in their hands. On seeing the deceased with Mungia and her husband, they threw theii bags on the ground and threatened Nathu Singh with the words Thereafter, appellant Ummed Singh gave a laathi blow to Nathu Singh due to which Nathu Singh fell on the ground. He then climbed over his body and started hitting over his chest with his feet; as a result of which Nathu Singh died on the spot. Smt. Mungia and Lal Singh who tried to intervene were also given beating by the appellants. On their. raising an, alarm witness Subhash Chandra (P.W.4), Vijaypal Singh alias Budhu (P.W.3) and one Hori arrived at the scene. On this appellants fled towards village threatening them of dire consequences. Smt. Mungia (P.W.2) leaving her husband near the dead body of Nathu Singh, went towards village where she got First Information Report Ext.Ka. 3 written by Daljeet Singh, Pradhan of the village and thereafter went to police outpost Nadehi within the area of police station Jaspur to lodge the First Information Report. The said information was registered at 12.45 p.m. by Constable Mahendra Pal Singh (P.W.7), who prepared the check report Ext.Ka.4 and made an entry at serial number 11 in the general diary (extract Ext. Ka. 5). The investigation was done by Sub Inspector, Surendra Pal Singh (P.W.9) who recorded the statement of witnesses and after inspecting the place of occurrence prepared the site plan (Ext.Ka.9). He also took two gunny bags of flour in his custody which were thrown by the appellants and' prepared a memo Ext. Ka. 10 to that effect. An Inquest report (Ext.Ka.12) was also prepared by the Investigating Officer apart from preparing police form No. 13, a challan of dead body (Ext.Ka.14), letter to the Superintendent Hospital requesting him for autopsy (Ext.Ka. 13), photo sketch of the dead body (Ext.Ka. 15). The dead body In a sealed packet was taken for,postmortem by Constable Satyabir Singh (P.W.6) and Constable Shrawan Kumar. Thereafter, it appears, that the investigation was taken up by Sub Inspector Ajaipal Singh (P.W.8) who recorded the statements of the remaining witnesses and on completion of the investigation, submitted charge -sheet, (Ext.Ka.,7) against both the appellants.

(3.) THE autopsy was conducted by Dr. S.K. Khanna (P.W.10) on 17 -09 -1983 at about 11:00 a.m. on the body of the deceased. As per the postmortem report prepared by him, he found that deceased was an old man of thin built. Rigor mortis was present in both the upper and lower limbs. The, abdomen was found distended. Eyes were open. He found following ante mortem Injuries on the person of the deceased : - i) Contusion 4" x 31/2" on the left side of the, chest over upper part of the front side. ii) Contusion 31/2"X 3" on the right side of chest at nearly middle outer side. iii) Contusion 2 cm x 1 V2 cm on the right side of abdomen, below the ribs. On the internal examination ribs Nos. 2, 3 and 6 on the left side which correspond to Injury No.1, and below Injury No.2, rib Nos. 4, 5, 6 and 7 were found fractured. Lungs of the deceased were lacerated and 350 ml. of blood was present in both plural cavity. About 1 pint of blood was present in peritoneal cavity. Gall bladder was lacerated at one place. In the opinion of the Medical Officer the cause of the death was the shock and hemorrhage as a result of the ante mortem injuries. Dr. S.K. Khanna (P.W. 10) proved the postmortem report (Ext. Ka. 16) prepared .by him.