RAM KISHAN Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Mookerji, J. The VII Additional Sessions Judge, Meerut acquitted Ram Kishan and Balbir accused, who were charged for offence, under Section 302/34 of the Indian Penal Code and convicted Suresh accused, under Section 302 of the Indian 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 Vllth 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, under Section 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 2000 of 1978. Both the above appeals (No. 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 18th May, 1978. Both the aforesaid appeals by the State of Uttar Pradesh and Suresh have been connected and are 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 condi tion 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 Jam, 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.) DR. O. N. Srivastava conducted post-mortem examination of the deceased Narendra Singh. The Doctor found a punctured wound with clear cut margin on the back of the chest left side 11 cm. X 4. 5 cm X chest cavity deep. Scapula bone under it was also cut. On internal examination, muscles of the neck were found cut, the left side of the lungs was also fouad cut. The pericardium was full of blood and the pleura was also found cut from left side According to the Doctor, the death was due to shock and haemorrhage as a result of the injuries sustained.