STATE OF U P Vs. RAM KISHAN

JUDGEMENT

(1.) The VII Additional Sessions Judge, Meerut acquitted Ram Kishan and Balbir accused, who were charged for offence, u/S.302/34 of the Penal Code and convicted Suresh Accused, under S.302 of the Penal Code for committing the murder of Narendra Singh and sentenced him to imprisonment for life. Against the aforesaid order of acquittal passed by the VII Additional Sessions Judge, Meerut in favour of Ram Kishan and Balbir accused, the State of U.P. has filed Government Appeal No.2129 of 1978,. By the same judgment, the VII Additional Sessions Judge, Meerut has convicted Suresh accused, u/S.302 of the Indian Penal Code and sentenced him to imprisonment for life and, therefore, Suresh has filed an appeal against the said judgment. His appeal number is 2060 of 1978. Both the above appeals (Nos. 2129 of 1978 and 2060 of 1978) arise out of the common judgment in Sessions Trial No. 341 of 1977 passed by the VII Additional Sessions Judge, Meerut dated 18/05/1978. Both the aforesaid appeals by the State of Utter Pradesh and Suresh have been connected and re-disposed of together by this judgment.

(2.) The prosecution case is disclosed in the written report submitted by P.W.2 Dharm Pal, uncle of deceased Narendra Singh on 6-6-1977. The occurrence took place on 6-6-1977 at about 6-30 p.m. It is necessary to point out that P.W.2 Dharm Pal is not an eye witness, but he came to know about the occurrence from the eye witness P.W.5. Brahm Singh. According to this written report, Ext.Ka 4, Narendra Singh deceased was caught hold by Ram Kishan accused and Balbir accused on his way to his field near the sugarcane field of Vijay Singh and the accused Suresh gave him a blow from behind with a sharp edged weapon. It is also stated that on alarm raised, P.W.3 Jeet Singh. P.W. 4 Hukam Singh and P. W. 5 Brahm Singh were attracted and witnessed the incident. The assailants made their escape and since the condition of deceased Narendra Singh was precarious, he was removed to P. L. Sharma Hospital, Meerut and in the hospital, the Doctor declared him dead. The First Information Report was submitted on 6-6-1977 at 23.55 hours at police station Railway Road, Meerut, which is said to be nearest police station from the aforesaid hospital. As the case related to police station Jani, the First Information Report along with the copy of General Diary was sent to police station Jani where it was received on 7-6-1977. At this stage, it is relevant to point out that the age of accused Ram Kishan has been shown as 70 years.

(3.) It is pointed out that P.W. 6, H. C. Bhanwar Singh has stated that he was posted at Police Station Jani and received the copy of the First Information Report and general diary through Constable Man Singh 7-6-1977 and made general diary entry Ext.Ka-5. On 8-6-1977 Sub-Inspector Razi Haider submitted two sealed packets relating to this incident and made general diary entry. He further proved that Balbir accused lodged First Information Report on 6-6-1977, and proved general diary entry Ext. Ka-7. He sent Ram Kishan and Balbir for medical examination through constable Madan Lal. Constable Madan Lal disclosed that the Hospital was closed, therefore, medical examination could not be conducted. According to him, there was one bruise on the nose of Ram Kishan and there was no other injury available on the person of these two accused. Ram Kishan was directed to get himself medically examined on the following day. He was arrested on 8-6-1977 P. W. 9 Umrao Singh, Constable, proved the other First Information Report lodged by accused Balbir against Hukam Singh, Kripa and others on 6-6-1977 and the same is Ext. Ka-21.