KHEM KARAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Of the above named appellant Gulta has died during the pendency of the appeal, hence his appeal stands abated.

(2.) Khem Karan appellant stands convicted and sentenced u/Ss.302 and 323 both read with S. 114, IPC to life imprisonment and six months R.I. respectively. Appellant Tukman stands convicted and sentenced under Ss. 323 and 302 read with S. 34, IPC to life imprisonment and six months R.I. Appellant Gulta (now deceased ) stood convicted and sentenced u/Ss. 302 and 323 read with S. 34. IPC to life imprisonment and six months R.I.

(3.) According to the prosecution in brief on 22-10-1976 at about 7 a.m. when Devi Ram (deceased) was coming from his field with fodder for the cattle, in the way he met all the three appellants working in their field and on seeing them he asked them why did they unnecessarily indulge in abusing the children, whereupon Khem Karan exhorted his sons, the two appellants Gulta and Tukman " Maro Saleko Aaj Yah Bach Kar Na Nikal Pae". Thereupon Tukman gave a lathi blow on the head of Devi Ram and when the later tried to run to save himself Tukman exhorted his brother Gulta to fire whereupon Gulta fired a shot with his country made pistol as a result of which he received pellet injuries in his stomach and fell down. On hearing his cries his brother Ram Deen (P.W. 1), Bhagirath (P.W. 2) and others arrived. They carried him on a cot to the police station Shamshabad at a distance of three miles, where at 9-30 a.m. on the dictation of Devi Ram (deceased) FIR (Ex. Ka-13) containing the above facts was recorded and a case u/S. 307, IPC was registered and he was sent for medical examination to the hospital. The hospital at Shamhabad was closed and no Doctor was there, hence he was taken to Agra District Hospital, but before reaching there he died. At 11-15 a.m. Dr. B. P. Agarwal prepared Memo and sent it to S.O. Rakabganj, Agra about the dead-body lying in the hospital. Thereafter S. O. Chetan Swarup from P. S. Rakabganj reached the hospital and prepared an inquest report and other necessary papers and sent the dead body for postmortem. Autopsy on the dead body was conducted on the same day at 4-30 p.m. and the following injuries were noted.