RAM CHANDRA CHAUDHARY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of IV Addl. District and Sessions Judge, Ballia convicting and sentencing the appellant to undergo R.I. for a period of one year under Section 147, I.P.C. four years each under Sections 364 and 201 read with Section 149, IPC and imprisonment for life under Section 302 read with Section 149 of IPC. Originally six persons namely, Ramnath, Kedar Pandey, Jagdish Pandey, Ramshankar and Shiv Shankar alias Shiv were tried for the offences punishable under Sections 147, 364 and 302 and 201 IPC. The last two sections are read with Section 149, IPC. The learned Sessions Judge has held Ramnath, Kedar Pandey, Jagdish Pandey, Ramashankar and Shivshankar alias Shiv not guilty and thereby acquitted them. Only the appellant was found guilty of the offence for which he had been sentenced to various terms of imprisonment as stated above.

(2.) The prosecution case was that 5 days before 17-1-1977 Ramchandra, Ramnath, and Kedar had uprooted the Bariya and pea crops from the field of Deoraj. This fact was told by Ramraj to Deoraj and other persons of the village. Consequently Deoraj had gone to the house of Ram Chandra for making complaint. Ram Chandra had threatened at that time that he will kill and dispose of his dead body. At about 12 noon on 17-1-1977 Ramraj had proceeded towards south for obtaining Baraiya and pea plant for feeding his cattle. He did not return. At about 6.30 p.m. in tne night when it had become dark Deora, Paramhans Pathak, Sarvodeo Pathak, Laxman Pandey, Hargovind Pandey were warming themselves from fire burning in front of the shop of Satyanarain. They heard the shriek of Ramraj. All these persons ran with gas, lantern, torches and kerosene lantern. On the other side Bachcha Ahir, Ram Sakal. Ahir, Bhagwat Pathak, Parshuram Pathak were coming towards their village after crossing a Nala. They met Deoraj and others who where rushing on hearing the shrieks of Ramraj. Bachcha Ahir and others informed persons running towards Ramraj, that they had seen Ramchandra Ramnath, Kedar Pandey, Jagdish, Ramshankar and Shivshankar carrying arms and taking Ramraj and beating him. Bachcha Ahir and others had seen Ram chandra, Ramnath, Kedar and Jagdish holding Pharsa and Ramshankar and Shivashankar holding lathi. They were beating Ramraj and taking him towards south. When Bhagwat Pathak etc. had intervened they were threatend and they were told that they had no business to interfere in the matter. Deoraj and their companion searched Ramraj throughout night but his dead body could not be traced. A report of the occurrence was written by Satyanarain which was handed over by him at police station Kotwali. On the basis of this report a case was registered at 9.15 a.m. on 18-1-1977.

(3.) Tirath Raj Upadhya, Station Officer of P. S. Kotwali took up the investigation. After making some initial investigation he deputed a police party to make a search of Ramraj. On an information that the accused had gone to obtain legal advice he had directed one Baleshewar Yadav, Sub-Inspector and two constables to arrest the accused. When this party was going towards village Jamuwa they met Ram Chandra and arrested him. Ram Chandra had informed on interrogation of Investigating Officer that he will point out the dead body of Ramraj, Thereafter Ramchandra proceeded towards south and after crossing the Nala took the party to the field of Praveen Pandey. There was crop of wheat, barley and gram in the field. The dead body of Ramraj was recovered from the middle of the said field on the pointing of Ramchandra. Thereafter the Investigating Officer had conducted the inquest of the dead body. It was sent to the mortuary for the post-mortem. The post mortem was conducted by Dr. K. N. Pandey, P.W. 6. The doctor had found 16 incised wound and 6 linear contusion on the persons of the deceased. The details of these injuries are mentioned in the judgment of the lower Court. It is not necessary to repeat them here. On internal examination the doctor found that the right frontal bone and parietal bone corresponding to injury No. 3 had fractured. Frontal aspect of the membrane was lacerated, Right side of the brain, corresponding to injury No. 1 was lacerated. Larynx, trachea, oesophagus and hyoid bones were cut. The Doctor opined that these injuries were sufficent in the ordinary course of nature to cause death.