RAM PYARE Vs. STATE OF UP

JUDGEMENT

(1.) The three appellants, Ram Pyare and his two sons Magroo and Ashok @ Buchu, were tried and convicted for offences under Sections 302/34, 323/34 I.P.C. by Additional Sessions Judge (F.T.C.), Sonbhadra in S.T. No. 205 of 2004 (State Vs. Ram Pyare Urao and others), P.S. Kon, District Sonbhadra who sentenced each of them to life imprisonment with fine of Rs. Five Thousand and in default of payment of fine to undergone two months further imprisonment on the first count and three months simple imprisonment on the second count with further direction that both the sentences shall run concurrently vide his impugned judgement and order dated 13.4.2006. Challenged in this Jail Appeal by the three appellants are to their aforesaid conviction and sentences.

(2.) Abbreviated background facts are that Baleshwar (deceased) and Ram Pyare (A1) both were sons of Moti Ram,Baleshwar deceased being the elder of the two. Magaroo (A2) and Ashok @ Buchu(A3), two other appellants, are the sons of A1. Informant PW1 Sukurti Devi is the wife of the deceased while Naresh(PW2) and Ram Adhin(PW3), both injured are her brothers.On 24.9.2004 in the night at 11 p.m. deceased was accosting A1 for cutting and trading in jungle woods on which all the appellants abusingly raided house of the deceased/ informant, dragged him to their door and belaboured him by lathi and danda. PW1 Informant reached at the spot and seeing her husband being belaboured raised hue and cry which attracted PW2 and PW3 at the spot who also sprinted at the scene but they were also assaulted. Deceased died because of beating. Hue and cry by all the witnesses attracted co-villagers also towards murder spot, on which murderers had taken to their heels.PW1 brought the cadaver of her husband at her door and leaving the corpse there she carried her two injured brothers to the police station Kon at a distance of 14 Kms, where she lodged her written FIR Ext. Ka 1 on 25.9.2004 at 8.30 a.m. which she had got scribed through Kameshwar Prasad Gupta.

(3.) S.I. Mansoor Ahmad, P.W. 6 registered the written report as crime no. 68 of 2004, prepared the chik FIR Ext. Ka 5 and the relevant G.D. entry Ext. Ka 6 and entrusted the investigation to Inspector V.S. Yadav, P.W. 7, who recorded 161 Cr.P.C. statements of P.W.1 and 6, copied chik FIR and the G.D. entry and thereafter, reaching the spot, performed inquest on the dead body and got inquest memo and other relevant documents, Ext Ka 7 to Ka 12, scribed through S.I. Ram Darash Tiwari. Thereafter the dead body was dispatched for autopsy purposes. I.O., thereafter conducted spot inspection, prepared site plan Ext. Ka 13, collected blood stained and plain earth and got its recovery memo Ext Ka 14 scribed through same S.I. Ram Darash Tiwari. Same day Investigating Officer arrested all the three accused persons. On 26.9.2004,PW7 interrogated appellants and looked into their medical examination reports. On 13.9.2004, I.O. copied the post-mortem examination report and thereafter, on 18.10.2004, he dispatched cloths of the deceased and blood stained and plain earth for Forensic Science examination to laboratory at Lucknow. Forensic Science Laboratory report dated 8.2.2005 indicate that blood was found on the clothes of the deceased and in the blood stained soil. Concluding investigation P.W.7 (I.O.) charge sheeted all the appellants vide Ext. Ka 15 on 12.10.2004.