BALRAM Vs. STATE OF U P

JUDGEMENT

(1.) G. D. Dube, J. The above two appeals have arisen out of judgment and order of Additional District and Sessions Judge, Saharanpur, holding appellants Rehtu and Biram guilty of the offence under Section 302, I. P. C. and convicting and sentencing each of them two undergo imprisonment for life. Since the two appeals arise from same judgment, we ire deciding them together. The prosecution case was that in the Ramlila of Unchagaon, some quarrel had taken place between Iqbal and appellant Rehtu. Thereafter, the dispute had been settled by the intervention of the residents of Manglaur where the deceased resided and that of Unchagaon. At about 9. 00 to 10. 00 a. m. on 23. 3. 1978, appellant Rehtu came to the house of reporter Vedpal Singh (P. W. 1) and started abusing the family members. At that time, Pitam (deceased) and Om Vir were also present. They asked Rehtu to desist from abusing. Meanwhile, Iqbal had also arrived and he gave few slaps to Rehtu. Thereupon, Rehtu went away stating that he will take revenge. On 1. 4. 78 Vedpal, his brother Pitam and nephew Kunwarpal were cutting sugar-cane and pilling of leaves in their Chaks commonly called as "bheri-YON WALA CHAK". At about 2. 00 p. m. , Rehtu, Molhar, Biran, Tejpal, Mokhan, Ram Singh and Sausih came. Out of these persons, Rehtu and Biran had pistols and the remaining had lathis. They started challeng ing the three persons cutting sugar-cane that they will take revenge and kill each of them. They had raised alarm. Consequently Om Prakash, Jai Kumar and Kiranpal came. Rehtu and Biran took out their Pistols and pointed the barrels towards them. Seeeing this, the three took to their heels for their lives. The assailants chased them and surround ing Pitam in the Field of Jaimal of Unchagaon, Rehtu and Biran fired their pistols towards Pitam. After Pitam fell down, they carried the dead body of Pitam on their lathis and left it in a wheat field in village Rajpur. After leaving the dead body, the accused went away. 3. A written report of the occurrence was lodged by Vedpal Singh at 6. 15 p. m. same day at Police Station Jhabreda, district Saharanpur. 4. The investigation was taken up by Mahendra Sharma, S. I. (P. W. 6 ). He could not take up inquest same day as it had become dark. Instead he conducted the inquest proceedings next morning and prepared inquest report. He sent the dead body in a sealed cover to B. T. D. Hospital, Haridwar. The post-mortem was conducted by Dr. B. S. Lal (P. W. 7) at 1. 00 p. m. on 3. 4. 1978. The doctor had found that the deceased was wearing a dirty Dhoti and Kurta. He had found the following ante-mortem injuries: 1. 53 Fire arm wounds over the face and head in right side. 47 are wounds of entry and five are abraded and burnt area of skin which are placed posteriority. They are spread in an area of 20 cm. before backward and 13 cm. side to side. Five are each 3 cm x. 5 cm. almost vertically placed. Rest of entry wounds are placed as below (a) 2 are on the right cheek below the eye, two are just above the tight eye brow, all are on the right temple, 20 are on the forehead and 12 on the top of head. Thus, totally 47. Each is. 5 cm x. 5 cm x they are bone deep. The margines are contused and black.

(2.) CONTUSION 15 cm x 8 cm. left lumbar region towards back.