PARAM HANS Vs. STATE

JUDGEMENT

(1.) Param Hans has preferred this appeal against his conviction and sentence under Sections 302 and 324 both read with Sec. 34, I.P.C. to life imprisonment and two years rigorous imprisonment each. He has further been convicted and sentenced under Sec. 323, I.P.C. to six months rigorous imprisonment.

(2.) The prosecution case in brief is that about 13-14 years prior to the occurrence of this case Harbansh brother of this appellant had been murdered and for that murder deceased Rajdhari along with two others was convicted and sentenced to life imprisonment. Deceased Rajdhari after undergoing that sentence returned to his village Kund Bawari, P. S. Barhalganj, District Gorakhpur. However, the appellant and his other brothers Ram Shanker and Harbansh were out to take revenge. It is alleged that on 14-8-1977 at about 7 p. m. in the evening when the deceased was in his house and talking to one Ram Naresh, his wife Smt. Mewati (P.W. 1), daughter Smt. Israwati (deceased) and P. W. 2 Km. Rambhawati were also there, appellant Param Hans armed with an axe along with two other unknown persons armed with country-made pistols reached there and attacked the deceased Rajdhari. In the melee when Smt. Israwati, Ram Naresh and Smt. Mewati who had intervened also received injuries, the appellant along with his companion there after made good his escape. Rajdhari and his daughter Smt. Israwati both died on the spot in the house One Ram Naresh Dubey on hearing gun shots had informed at Police Station Barhalganj at 9-10 p. m. about the hearing of the gun shots in the village, on the basis of which an entry was made in the G. D. and the Investigating Officer left for the village. Thereafter written report (Ex. Ka-1) of the occurrence dictated on behalf of Smt. Mewati was tendered at the police station at 10-15 p. m., on the basis of which case was registered and papers for investigation were sent to the S. O., S. P. Dharni, who had already left earlier on receipt of information at 9.10 p.m The Investigating officer prepared inquest report of the deceased Rajdhari and Smt. Israwati and sent the dead-bodies for postmortem and also sent the injured Smt. Mewati, Ram Naresh and Km. Rambhawati for their medical examination. P. W. 4 Dr. P. S. Agrawal had examined their injuries on 15-8-77 and noted as follows : Injuries of Ram Naresh, vide injury report Ex Ka-4 :

(3.) In the opinion of Dr. Singh injuries of both would have been caused at about 7 p. m. on 14-8-77 and on account of injuries on their person which were sufficient in the ordinary course of nature to cause their death.