RAM DAS Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been preferred from jail by the appellant Ram Das against the judgment and order dated 29.03.2016 passed by the Additional Sessions Judge, Court No.1, Kannauj, in Sessions Trial No. 428 of 2008 (State of U.P. Vs. Ram Ashrey) which was connected with Sessions Trial No. 445 of 2007 (State of U.P. Vs. Ram Das) whereby the appellant has been convicted and sentenced under Section 304 of the Indian Penal Code, 1860 to Life imprisonment and fine of Rs. 25,000/-. In default of payment of fine, he is directed to undergo two years imprisonment.

(2.) Initially, in the present matter, a non - cognizable report was lodged by Shamshuddin which was registered as N.C.R No. 122 of 2005 at 22:45 hrs on 07.11.2005 at Police Station Thithiya, District Kannauj. The version as stated in the said report is that his brother was coming back home on a cycle from cold storage Thithiya and behind him Ram Ashrey son of Bechey Lal was also coming on a cycle and when they reached Bhadausa Road on the drain, Ram Das son of Sundar Lal met him and tried to sit on his cycle, to which, his brother refused and then Ram Das started abusing him. On being tried to stop, he assaulted his brother with kicks and shoes, as a result of which, his brother received injuries on his nose and face and started shouting. Co-villager Naeemuddin saw the incident and saved him. The incident is of 07:00 pm. It is further stated that the treatment of his brother is being done in Qasba Thithiya. He states that a report be registered and action be being taken. The name of his brother is Shahjuddin. The said application is marked as Exb: Ka-2 to the records.

(3.) Shahjuddin was got medically examined on 08.11.2005 at 10:00 am at PHC, Thithiya by Doctor S.B. Dwivedi (PW-2) wherein he was brought by the informant Shamshuddin. The doctor found one lacerated wound on his person which is as follows:-