BALLOO Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of a judgment and order dated 25-9-1980 passed by Sri M.P.S. Tomar, II Additional Sessions Judge, Mathura, in S.T. No. 338 of 1979 convicting and sentencing appellant Balloo son of Jamunadas to imprisonment for life under S. 302, I.P.C.

(2.) Brief facts of the case are that on 23-7-1979 at about 6.00 A.M. this appellant and his companions were trying to demolish walls of the compound of Smt. Ramdei, a widow, whose sons were residing in Amritsar, to draw electric line from the pole up to the house of Chetram. When the appellant and his three companions were busyin demolishing the wall, Dulichand came and raised an objection. They persisted with the felling of the walls. Dulichand then tried to call his associates, but he was fired upon by the appellant from a country made pistol from some distance. The shot hit Dulichand on his left as a result of which he fell down and died instantly. On his fall other associates of the appellant also beat him with Lathis. They are Bisso, Chhitar and Chhitarmal. Incident was witnessed by P.W.2 Purshottam Lal, P.W.3 Hariya, Deepa son of Roshan, P.W.4 Lachho and many other villagers. After the incident they demolished the remaining walls. The appellant and the above said accomplices of his took to their heels thereafter. The incident had occurred in front of the house of Ram Swaroop. It is alleged in the F.I.R. as well as before the Court that the appellant and his associates stated that the deceased is the only thorn in their flesh, if he is killed then not only the road will be straightened but the electric line will also be easily drawn.

(3.) Post-mortem examination on the body of the deceased Dulichand was conducted by P.W.5 Dr. Daulat Ram on 24-7-1979 at 1.30 P.M. The doctor noticed only one fire arm entry wound of the dimension of 2 cm. x 2 cm. x brain cavity deep on the left side back of head occipital region 13 cm. above left ear with inverted margins and lacerated. No tattooing, charring and blackening was found. Underneath the said injury, parietal bone and occipital bone were found fractured. Membranes were lacerated and congested. Brain was also lacerated and deep haematoma was also detected. 25 pellets, one cardboard and three wadding pieces were removed from the injury. Small intestine was found empty. Large intestine, however, contained faecal matter. Bladder was found empty. According to the opinion of the doctor the death occurred due to coma as a result of the above head injury.