RAM BABU Vs. STATE OF U P

JUDGEMENT

(1.) Sri Rahul Mishra Advocate was appointed as Amicus Curiae by this Court on 28.1.2010. He appears on behalf of sole appellant who is in jail since March, 1999. Three accused were sent up to face trial in Session Trial No. 260 of 1999-Lakhan Singh son of Bhawani Singh, Ram Babu present appellant and Raj Bahadur, sons of Lakhan Singh, all resident of village Pehra, Police Station Baghwala, District Etah. Charges were framed against Lakhan Singh and Raj Bahadur under Section 302/34, 504 I.P.C. and against the present appellant Ram Babu under Sections 302, 504 I.P.C. Two accused Lakhan Singh and Raj Bahadur were given a judgment of acquittal. Ram Babu, present appellant was acquitted under Section 504 I.P.C. but convicted for an offence under Section 302 I.P.C. and sentenced to undergo life imprisonment and fine of Rs. 10,000/-. In default of payment of fine to undergo further imprisonment of six months, out of the fine realized, Rs. 9,000/- was to be given to the sons and widow of the deceased Rameshwar Dayal.

(2.) The prosecution case proceeded on the basis of a written report lodged by Rasal Singh PW-1 on 2.3.1999 at 8.10 P.M. at Police Station Baghwala, District Etah situated at a distance of 9 kilometers from the place of incident. The occurrence is alleged to have taken place on the same day at 7.00 P.M. in front of house of Rasal Singh where a Chaupai was going on. Some altercation took place between Lakhan Singh, his son Raj Bahadur and appellant Ram Babu on one hand and Arun Kumar on the other. Deceased Rameshwar Dayal tried to intervene and stop the quarrel at his doorstep. Arun Kumar ran away. The appellant Ram Babu was asked by his father Lakhan Singh to fetch his gun, consequent thereon a single shot was fired from the said gun which caused injuries to Rameshwar Dayal. He was taken to Etah hospital from where he was referred to Agra. The injured died on way to the Agra Hospital.

(3.) Post mortem was performed by Dr. Brijesh Rathore PW-3 on 3.3.1999 at 1.00 P.M. According to Post Mortem Report Ext. Ka-2, probable time of death was about 1/2 day before the post mortem was performed and following ante-mortem injuries were found on the body of the deceased: