RAM CHANDRA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The appellants Ram Chandra, Anand, Kailash and Raju alias Taj Kumar have preferred this criminal appeal against the judgment and order dated 4-11-1988/15-11-1988, passed by I Additional Sessions Judge, Nainital, in Sessions Trial No. 116 of the 1987, State v. Ram Chandra and others, convincing the accused /appellants u/S 302/34 I. P. C. and sentencing each of them to undergo life imprisonment.

(2.) Brief facts of the case are that the accused /appellants Anand, Kailash and Raju @ Raj Kumar are the sons of accused/ appellant Ram Chandra. One Om Prakash owned four acres of land in the Khadar of Kosi river in the revenue estate of village Ramjiwanpur. Kaluwa, (deceased) was cultivating this land on the consideration of division of yield with Om Prakash. The accused /appellants took illegal possession over the said land. Kaluwa protested and the possession of the land was taken back from the accused/appellants. The accused /appellants were inimical towards the deceased Kaluwa for the above reason. As per the prosection case on 13-10-1986 at about 9 P. M. Kaluwa was present near the railway crossing Chauraha within the revenue estate of Sultanpur. P. S. Bazpur. All the accused /appellants went there and in furtherance of their common intention they started beating Kaluwa with legs and fists. The blows were given on his chest, ribs and abdomen. Kaluwa raised alarm and the witnesses Chhida (P. W. 2), Badalu (P. W. 3) and Abdul Rashid intervened. Thereafter the accused/appellants ran away from the spot. Kaluwa fell down and became unconscious. Hearing the cries of Kaluwa, complainant Chhote (P.W. 1) also reached there. He made arrangement of a cot to take Kaluwa to hospital, but in the meantime Kaluwa died. Chhote got the written report (Ext. Ka.1) scribed by one Mohd. Jan and lodged it at P. S. Bazpur at 10.35 P. M. the same day, i.e., 13-10-1986. Constable Clerk Balwant Singh of P. S. Bazpur on the basis of the written report, recorded the chick F. I. R. (Ext. Ka.2) and registered a case against the accused/appellants u/S. 304 I. P. C. in General Diary at Report No. 46, carbon copy of which is Ext, Ka. 3.

(3.) The investigation of the case was taken up by S. I. Dinesh Chandra Singh Bhandari. He recorded the statements of witnesses. On 14-10-1986 he inspected the spot and prepared site plan, Ext. Ka. 4. On his instructions S. I. Om Prakash prepared inquest report, Ext, Ka. 5, challan of dead body, Ext. Ka. 7, Sketch map of dead body, Ext. Ka. 8, wrote letters, Ext. Ka. 6 and Ka. 10 to the Medical officer requesting him to take the clothes of deceased in custody and to conduct the post-mortem on the dead body of deceased Kaluwa. On 16-10-1986 the Investigating Officer arrested the accused/appellants Anand, Ram Chandra and Kailash and made entry of this fact in the General Diary at report No. 27, carbon copy of the G. D. is Ext. Ka. 11. On 21-10-1986 the I. O. arrested accused/appellant Raju @ Raj Kumar and entry to that effect was made in the G.D. at report No. 43, carbon copy of the G. D. is Ext. Ka. 12. On completion of investigation, the I. O. submitted charge sheet, Ext. Ka. 13 against the accused/appellants.