RAM NATH Vs. STATE

JUDGEMENT

(1.) The above two appeals have been preferred against the judgment and order dated 3-3-1978 passed by Sri Sushil Kumar, the then Ist Addl. District and Sessions Judge, Bijnor, convicting the appellants Ram Nath, Raghunath Singh and Buddhu Singh u/Ss. 304 and 323 both read with S.34, IPC and sentencing them to five years and six months rigorous imprisonment respectively. Sri Sushil Kumar acquitted Dharampal Singh of the charge u/Ss.302, 323 and 325 read with S.34, IPC. On being aggrieved the State has preferred appeal No. 1634 of 1978 against all the accused as in its view all of them should have been found guilty and convicted u/Ss.302 and 325 both read with S.34, IPC, while the convict appellants Buddhu Singh, Ram Nath and Raghunath Singh have preferred their appeal against their conviction u/ Ss.304 and 323 both read with S.34, IPC.

(2.) The facts of the case in brief are that the parties are residents of village Jamalpur Pathani, P. S. Kotwali, Bijnor. Chaman Singh (deceased) and Buddhu Singh were real brothers. Accused Raghunath Singh and Ram Nath are sons of Buddhu Singh, while accused Dharampal Singh is nephew of Buddhu Singh. Chaman Singh had sold one and a half Bigha of land of joint Khata to Ram Singh and Karera a few months before the occurrence. Buddhu Singh accused wanted that the land should not be sold to an outsider as he wanted to purchase it himself. Hence the relation in between them became strained. It is said that on 7-7-1974 exchange of abuses had taken place in between them. Thereupon Buddhu Singh had threatened that he would settle the matter with Chaman Singh. On 8-7-1974 at about 8 a.m. when Chaman Singh was scraping gross in his field. while Jasram was ploughing it, the accused Buddhu, Ram Nath, Raghunath and Dharampal Singh all armed with lathis attacked Chaman Singh and when Jasram intervened to save his father he also received Lathi injuries. On the alarm raised by Jasram witnesses including Ram Singh, Karera, Dal Singh and Om arrived there and thereafter the accused left. Chaman Singh was taken to the police station in a bullock cart, but he succumbed to his injuries on the way. Oral report of the occurrence was lodged at P. S. Kotwali, Bijnor at a distance of three and a half miles at 10-45 a.m. on the basis of which case u/S. 302/323, IPC was registered against the accused and investigation started. Injuries of Jasram were examined on the same day at 1-50 p.m. at District Hospital, Bijnor by Dr. H.U.K. Zuberi and he found the following Injuries on his person, vide injury report (Ex.Ka-l l).

(3.) Postmortem examination on the deadbody of Chaman Singh was conducted by Dr. P. D. Gupta, Medical Officer, Civil Hospital, Bijnor on 9-7-1974 at 9 a.m. in the District Mortuary and he found the following antemortem injuries on his body.