RAM SHANKER Vs. STATE

JUDGEMENT

(1.) M. C. Jain, J. This appeal has been filed by five appellants-1. Rama Shankar, 2. Doodh Nath, 3. Ram Jeet, 4. Ram Janam and 5. Baijnath against the judgment and order dated 29th May, 1993 passed by Sri S. M. Pandey, the then Special Judge/ Addi tional Sessions Judge, Ballia in Sessions Trial No. 159 of 1985. Rama Shankar and Ram Jeet have been convicted under Sec tion 302, I. P. C. and sentenced to life im prisonment and the remaining three have been convicted and sentenced to life im prisonment under Section 302, I. P. C. read with Section 149, I. P. C. The accused-ap pellants Rama Shankar, Ram Jeet and Ram Janam have further been convicted under Section 148, IPC and each of them has been sentenced to rigorous imprison ment for two years. The remaining ac cused-appellants have been convicted under Section 147, IPC and each of them has been sentenced to one year's rigorous imprisonment. The accused-appellant Doodh Nath has been convicted under Section 323, I. P. C. and sentenced to nine months' rigorous imprisonment whereas the remaining accused-appellants have been convicted under Section 323 read with Section 149, I. P. C. and each of them has been sentenced to six months' rigorous imprisonment. All the substantive senten ces have been ordered to run concurrently.

(2.) ALONG with the accused-appellants five others, namely, Keshav, Deep Chand, Ramesh, Prem Chand and Shyamu were also tried but they were acquitted. The lives of two persons, namely, Ramesh and Nayak had been cut short in this incident and the informant Ram Awadh PW 1 had sustained injuries. The incident took place on 17- 6-1985 at about 8. 30 A. M. in village Khuta Bahorwa, Police Station Bhimpura, District Ballia. The first information report was lodged by the injured Ram Awadh PW 1 at 10. 05 AM. The distance of the Police Station from the place of occur rence was three miles.

(3.) RAMESH was examined by the same doctor on 17-6-1985 at 12 O' clock noon. The following injuries were found on his person vide Ex. Ka 15: 1. Incised wound on the right shoulder measuring about 12 cm x 8 cm x 12 cm deep oozing fresh blood. Complete culling of clavicle right side and spine of scapula. There was also puncture of artery, veins and nerves. Plenty of blood oozing, margins regular. 2. Abrasion on the right side of thigh medial aspect measuring about 6 cm x 2 cm, colour red. 3. Complaint of pain on the right shoulder 4. Red contusion 10 cm x 3 cm left side of chest. 5. Abrasion on left side of abdomen 1" x 1", 7. 5cm.