KNAG RAM AND ORS. Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been preferred by the Appellants against the judgment and order dated 3 -8 -1985, passed by the then Sessions Judge, Almora, in S.T. No. 01/1985, whereby the accused/Appellants were held guilty for the offences Under Ss. 147, 302/149, 307/149 and 323/149 I.P.C. and each of them was sentenced to undergo life imprisonment Under Sec. 302/149 I.P.C; one year's R.I. Under Sec. 147 I.P.C; five years R.I. Under Sec. 307/149 I.P.C. and six months' R.I. Under Sec. 323/149 I.P.C. However, all the sentences were to run concurrently. Co -accused Ratan Ram and Ramesh Ram S/o Ishwari Ram were found not guilty and acquitted of the charges levelled against them.

(2.) The prosecution version which led to the trial of the accused/Appellant is as follows:

(3.) The first information report of the occurrence was lodged by Jagdish Ram, the brother of deceased Chani Ram, at Patwari Chauki Patali on 16 -11 -1984 at 1.20 P.M. The Patwari registered the case under Ss. 307/147 I.P.C. against the accused persons and prepared the chick F.I.R., Ext. Ka.2. The Patwari Mohan Chandra Tiwari recorded the statements of witnesses Girish Ram and Jagdish Ram. These injured witnesses were having injuries on their persons; hence the I.O. sent them to P.H.C. Baijnath along with his peon for medical examination. As the doctor was not available in P.H.C. Baijnath, the injured were sent to P.H.C. Bageshwar, where they were medically examined by the doctor. The I.O. went at the spot where Chani Ram was fell injured. The I.O. inspected the place of occurrence and prepared site -plan, Ext.Ka.6. He also took into possession the blood -stained and plain earth from the place of the occurrence vide recovery memos Ext.Ka.14 and Ka.15 respectively and sealed the same in two packets. The I.O. found injuries on the person of Chani Ram and on inquiry from him it was found that he was in a position to give statement. Hence Chani Ram gave his dying declaration in the presence of Naib Tehsildar, Qanoongo Kausani Narendra Pratap Singh, Tara Dutt Pandey and Bhim Singh Rana Patwari of Garur Circle. The dying declaration of the deceased, Ext. Ka.7, was recorded by Patwari Bhim Singh Rana. The statement was read over to the deceased and thereafter he put his thumb impression on it. The I.O. sent Chani Ram to P.H.C. Bageshwar through his peon where he was declared dead by the doctor the same day, i.e. on 16 -11 -1984. The I.O. converted the case under Ss. 307, 302, 323, 147 I.P.C. On 17 -11 -1984 the I.O. arrested the Appellants. On interrogation, each of the Appellants Ramesh Ram, Puran Ram, Bala Ram and Pad Ram handed over him the Lathis whereas Appellant Khag Ram and co -accused Ratan Ram both handed over one Lathi and one bag each used by them in the incident and prepared memo of recovery Ext.Ka.8 to Ext.Ka.13. (Lathis have been marked material exhibits Ka. 6 to Kail and the bags as material exhibits 2 and 3). The inquest on the dead body of Chani Ram was performed by S.L. Verma, S.I., P.S. Bageshwar at Police Station, Bageshwar and he prepared the inquest report, Ext.Ka.16. He sealed the dead body and wrote letter to Supdt. P.H.C. Bageshwar, prepared challan dead body, sketch map of dead body and police form No. 33, Exts.Ka.17 to K.20 respectively and sent the dead body for post mortem examination to P.H.C. Bageshwar. The I.O. on completion of investigation, submitted charge sheet Ext.Ka.15 against the accused persons.