RAM LAKHAN @ KALLOO PAL Vs. STATE

JUDGEMENT

(1.) Heard Sri Sukhvir Singh, learned Amicus Curiae on behalf of the appellant, Sri Krishna Pahal, learned A.A.G. assisted by Sri Bhanu Prakash Singh, learned Brief Holder for the State.

(2.) By way of instant criminal appeal, challenge has been made to the authenticity, veracity and sustainability of the judgment and order of conviction dated 30.01.1993 passed by the Sessions Judge, Sonbhadra in Sessions Trial No. 84 of 1990 (State v. Ram Lakhan alias Kallu Pal) s/o Khedu, r/o Bakahi, Police Station - Robertsganj, District - Sonbhadra, whereby the accused-appellant has been convicted under Section - 302 I.P.C. and sentenced to imprisonment for life.

(3.) Factual chronology of this case, culminating into lodging of the First Information Report, as discernible from perusal of record, is that a written report (Ex.Ka.1) was lodged at Police Station - Robertsganj on 02.10.1988, at 11.30 a.m. by the informant (P.W.1) Rameshwar Nath Dubey s/o Akshaywar Ram Dubey, r/o Village - Bakahi, Police Station - Roberstsganj, Mirzapur, to the effect that the accused - Ram Lakhan alias Kallu Pal was abusing his (informant's) nephew, Shobhnath alias Nageshmani s/o Satya Narayan at 05.30 a.m. in the morning. The nephew of the informant (Shobhnath) asked him not to hurl abuses. An altercation took place on the spot. It has been described in the F.I.R. that Ram Lakhan alias Kallu Pal was watering his field through pumping set in the night and someone manipulated the flow of water and mis-directed it towards some ditch. Ram Lakhan alias Kallu Pal, the accused, was apprehensive that this mischief has been done by Shobhnath (the deceased). Therefore, on account of aforesaid altercation, the dispute increased to some extent, whereupon accused Ram Lakhan alias Kallu Pal took 'khanti' (a tool for digging mud) from his house and tried to assault Shobhnath (deceased), whereupon co-villagers Babu Lal, Banshdhari, Hari Nath, Yadunath, Badrinath and the informant arrived on the spot. They snatched away the 'khanti' from the hand of the accused and the matter was patched up for the time being. After some time, when Shobhnath alias Nageshmani was going to the field for grazing his buffaloes, at around 6.15 a.m. in the morning, the accused - Ram Lakhan alias Kallu Pal possessing 'lathi' (wooden stick) in his hand, appeared outside the village all of a sudden and caused 'lathi' blows on him, thus causing grievous injuries. The aforesaid persons rushed to his rescue, but by that time, the accused had made his escape good. The saviours tried to apprehend the accused, but they did not succeed. It has been further described that the incident was witnessed by a number of villagers. The injured was taken to the District Hospital, Kakrahi, where the doctor, after giving first aid treatment and considering the condition of the injured Shobhnath serious, referred the matter to B.H.U., Varanasi. The injured was taken to the Government Hospital, Robertsganj, where Shobhnath alias Nageshmani succumbed to his injuries. The dead body of Shobhnath alias Nageshmani was lying in the hospital when the informant Rameshwar Nath Dubey went to lodge the report at the police station. This report was taken down in the Check F.I.R. concerned (Ex.Ka.4) and relevant entries were made in the relevant G.D. of the aforesaid date and time on 02.10.1988 at 11.30 a.m. at Police Station - Robertsganj and a case was registered against the accused at Case Crime No. 537 of 1988, under Section - 304 I.P.C. The investigation of the case ensued and it was entrusted to Hridayanand Mishra (P.W.5), who proceeded to the spot after noting the contents of the F.I.R. and the relevant G.D.; recorded statement of various persons and prepared Inquest Report (panchayatnama) at Government Hospital, Robertsganj and which is marked as Ex.Ka.2. He also prepared relevant documents, while preparing the inquest report and has proved the same as Ex.Ka.6, Ex.Ka.7, Ex.Ka.8, Ex.Ka.9, Ex.Ka.10 and Ex.Ka.11. Besides, he also recorded statement of informant - Rameshwar Nath Dubey at the hospital itself and the statement of the inquest witnesses. Thereafter, he arrived on the spot and prepared the site-plan of the occurrence (Ex.Ka.12). He also collected simple earth and blood stained earth from the spot and kept it in two separate containers and prepared a memo of the same (Ex.Ka-13). Subsequently, the weapon of assault 'lathi' was also recovered at the pointing out of the accused Ram Lakhan alias Kallu Pal. A recovery memo (Ex.Ka.14) was also prepared.