DWARIKA AND ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) TWO brothers Dwarika alias Lalla and Keshav Dubey sons of Ram Kripal have preferred this appeal against their conviction u/s 302/34 I.P.C. sentencing them to imprisonment for life, as awarded by the third Additional District Judge, Gorakhpur in Sessions Trial No. 135/78.

(2.) ONE Vishwanath and two appellants were prosecuted under Section 302/34 I.P.C. on the charge that in furtherance of their common intention the three accused caused fatal lathi injuries to Sarjoo Pandey at about 8.30 a.m. in village Bhandaro, Police Station, Chailawa Tal, district Gorakh­pur. The informant of this case is Dinesh Chandra son of deceased Sarjoo Pandey. According to the prosecution case, he was accompanying his father on the day of the incident up to the Railway Station Jagatbela, wherefrom they would have proceeded to their different destination. When the two had reached near about the Pipal tree in village Bhandaro, the three accused (two appellants and Vishwanath) were present there alongwith lathis. Keshav alias Lalla Dubey incited the others saying that the deceased would not be compromising the matter. Let us kill him today. At this, all the three belaboured Sarjoo Pandey with their lathis causing him injuries, consequent upon the hue and cry raised, Shiv Kumar Shukla, Arindam Dubey, Ram Kriksha Tiwari and Gabboo Yadav reached the spot and said why the accused were beating teacher Sarjoo Pandey deceased. At this the accused ran away. The prosecution case further is that the victim was carried by the informant alongwith two other persons namely Badal Yadav and Shobhi Yadav who took the victim to the district hospital Gorakhpur, where the victim expired around 10.30 a.m. Consequently, Dinesh Chandra lodged F.I.R. at P.S. Kotwali district Gorakhpur on 12.8.77 at 11.00 a.m.

(3.) ON internal examination, fracture lower 1/3 right humerous, multiple fracture lower 1/3 left humerous was found. No other internal damage was noted in the post-mortem examination report. However, the opinion as to the cause and manner of the death as is apparent from the said report, is that the death was caused due to shock and internal haemorrhage as a result of the injuries described. After due investigation, charge-sheet was submitted by P.W. 4 Laxmi Narain Yadav against two appellants whereas co-accused Vishwanath was apparently absconding and as such the charge-sheet aga­inst the said accused was filed as absconder. After due committal proceedings, the accused were committed to the court of Sessions and the Sessions Judge has, believing the prosecution case, convicted and sentenced the appellants as stated above.