AMOLAK CHAND Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Agarwal, J. This appeal was filed by Amolak appellant against his conviction under Section 302 IPC and consequence sentence of life imprisonment inflicted upon him by Shri R. C. Awasthy, the then Ist Additional District & Sessions Judge, Saharanpur by his judgment in ST 163 of 1970.

(2.) THE facts giving rise to the offence are as under : On 18-4-1976 around 12 noon when the informant Shobha Ram and his brother Sadhoo were present in his house and were taking meal six persons Ishwar Dayal, Virendra, Rishipal, Raj Kumar, Ghanshyam and Ramesh Chauhan came to his house and sat down thereafter encoring about Sadhoo. It is alleged that at that time Amolak appellant reached there. All these persons used to visit Sadhoo. It is alleged that at about 1. 00 p. m. (noon) Amolak took away Sadhoo to his shop. He was followed by all the above said accused persons. THE motive for the incident as alleged was squabble between Bachhi and Sadhoo. Some 7-8 days days before the incident milkman Bachhi had lodged a First Information Report against Sadhoo. Having this motive in the back of his mind the informant also claimed to have reached the shop of Amolak at about 1. 30 p. m. He saw Amolak, Ishwar, Virendra, Rishipal, Raj Kumar, Ramesh and Ghanshyam assaulting Sadhoo with bricks and knives at the shop of Amolak. THE informant raised shouts of 'save'. His alarm attracted Vishamber s/o Ridka, Baljit s/o Bhola, Raghuvir s/o Yugal, all residents of Kutubpur, and many others the spot. THEy intervened and save Sadhoo. Sadhoo sustained number of injuries in incident and was lying on the ground inconspicuous in a pool of blood. Amolak was allegedly arrested by the witness at the spot after giving him thorough beating. After a while a police Inspector with two constables also reached the spot. Amolak was handed over to him by the witnesses. THE rest of the accused who took to their heels, were chased by the witnesses. THEy arrested Ishwar Dayal and Virendra near the canal. THEy were brought to the spot and handed over to the police. THE informant lodged the injured on a bullock cart and brought him to the road. He took him to Roorkee Hospital for medical aid. But neither any medical examination was held nor any medical assistance was given to the victim due to non-availability of the doctor. While they were bringing him back to Hardwar the deceased at about 6. 30 p. m. in the evening breathed his last near Ranipur Barrier. Abandoning the body in the taxi at that very place the informant Shobha Ram had prepared a report and took it to police station. This written report is Ex. Ka-2. It was lodged by him on 18-4-1976 at 8. 00 p. m. at O. P. Ranipur, PS, Jwalapur.

(3.) THE prosecution in support of its case examined PW-2 Shobha Ram who is maker of the First Information Report. He is also an eye-witness and claimed to have arrested the appellant on the spot alongwith others. Baljit is PW-3. He is a chance witness. He had stated that he was gong to Vishamber carpenter for getting his agricultural instruments repaired. Vishamber is PW-4. He is also a chance witness. He claimed that he had gone to Saddique for getting his quilt prepared. Saddique PW-5 was also examined by the prosecution but he turned hostile and denied to have seen anything. But he has admitted that he had heard hue and cry from the shop of Amolak. THE other witnesses examined by the prosecution are formal witnesses. One of them is PW-1 Dr. Jagdish Prasad. He has conducted the post mortem examination. His testimony has been discussed earlier. THE next witness is PW-6 Raj Pal Singh, Head Moharir. He registered the FIR and prepared check report Ext. Ka-3 and GD entries. PW-7 Keshav Deo Verma is Investigating Officer, who reached the spot at about 12-1. 00 noon on receiving the information about Sadhoo being beaten at the Chabutra of Amolak. On reaching the spot, received in his custody the appellant who was in the captivity of the witnesses. He had also taken in his custody two other accused persons who were also apprehended by other witnesses. THE Investigating thereafter was taken over by SHO PW-9 S. S. Verma. He sent PW-7 to prepare inquest on the person of deceased Sadhoo whose body was lying at Ranipur barrier. He had also prepared other relevant papers and sent the dead-body for post mortem examination through constable Kamta Nath and Prahlad. Constable Jay Prakash is PW-8 who escorted the dead body to Hardwar for post-mortem. After completing the formalities the charge-sheet against the accused persons was submitted. No charge-sheet was submitted against Ramesh.