MAKHAN LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this appeal under Sec.374(2) of the Criminal Procedure Code appellant Makhan Lal alias Narain Dass has challenged the judgment and order dated 17-1-1987 passed by the then IV Additional Sessions Judge,Meerut in Session Trial No. 330 of 1985 whereby the appellant has been convicted under Sec.302 I.P.C. and sentenced to life imprisonment.

(2.) The deceased of the present case was one Ramaiyya Chowkidar who was supervising the construction work being carried on in the Medical College Campus, Meerut. The work was being got done on contract by contractor Anand Prakash Bansal P.W. 1. Appellant Makhanlal, Ganga Ram P.W.2 and Baley Ram P.W.3 were engaged as labours and were doing the work under the supervision of the deceased Ramaiyya. On the date of occurrence i.e. 3-10-1984. Sri A. P. Bansal P.W.1 was present in the Meerut Court Compound where he was supervising some other work of tubewell there he got information at about 4.15 P.M. from Junior Engineer Ajay Kumar Garg P.W.4 that there had occurred some scuffle between Makhan Lal and Ramaiyya and during the course of some altercation appellant Makhan Lal struck blows from the blunt side of 'Phawra' (spade) on Ramaiyya. Ajay Kumar Garg, Junior Engineer took Ramaiyya to Medical College. Meerut and got him admitted in the emergency ward, where he succumbed to his injuries.

(3.) After getting the aforesaid information, P.W.1 A.P. Bansal came to the site of his construction work in the Medical College Campus and made inquiries from Ganga Ram and Baley Ram and thereafter he himself wrote down the report Ex. Ka.1 and lodged the same at police station Medical College, Meerut on the same evening at 6.15 P.M. On the basis of the same, check F.I.R. Ex. Ka13 was prepared by P.W.9 Head Constable Salek Chand and case was registered in the general diary of the police station at serial No. 43, copy of which has been proved as Ex. Ka.14. S.I. Mahendra Singh P.W.6 was present at the police station when the case was registered. Investigation was entrusted to him. He went to Medical College, Meerut and completed inquest proceedings and then got sent dead body of Ramaiyya for post mortem examination. Dr. B.P. Verma P.W. 7 conducted autopsy on the dead body of Ramaiyya and found following ante-mortem injuries : 1. Lacerated wound 6 cm. x 3 cm. x bone deep, on the right side of head 4 cm above the right ear. 2. Lacerated wound 1.5 cm. x 1/2 cm. x bone deep on the head, 1 cm. above injury No. 1. 3. Lacerated wound 5 cm. x 2 cm. x brain cavity deep on the right side head, 6 cm. behind right ear. 4. Lacerated wound 5 cm. x 1cm. x bone deep, on the back of right ear, with lacerated pinna. 5. Multiple constusions in an area of 8 cm. x 3 cm. on left side of forehead. 6. Abrasion in an area of 4 cm. x 3 cm. on the back of right shoulder. 7. Cut open mark on the left side ankle with one stitch.