SANT RAM DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) THE appellant Sant Ram had been convicted U/ss 302, 324 and 323 read with section 34 I.P.C. and, Ram Dhruva U/s 323 and Sections 302 and 324 read with Section 34 I.P.C. Each of them has been sentenced to imprisonment for life U/s 302 and 302 read with Section 34 I.P.C., two years R.I. U/ss 324 and 324 read with Section 34 I.P.C. and one year R.I. U/s 323 read with section 34 I.P.C. and 323 I.P.C. Aggrieved by the judgment and order of Sri Kamal Kishore IV Addl. Sessions Judge, Basti dated 5.2.79 in the Sess. Trial No. 199 of 1978, the appellants have come up in appeal.

(2.) THE facts of the prosecution case lie within a short compass. The appellants Sant Ram and Ram Dhruva are brothers being the sons of Jainath. The deceased Rudal was the son of Kalp Nath Dube, The father of the appellants Jainath and the father of the deceased Kalap Nathwere sons of Hanuman Dube. The hut of the appellants was close by the manure storge of the deceased. On 19.4.78 the hut of the appellants caught fire. The 'manure of the deceased was thrown on the burning hut to extinguish the fire. It had born agreed that the appellant Sant Ram would return back the manure of the deceased so estracted. On 1.5.78 i.e. the date of incident, the wife of the deceased Rudal, named Prabhawati look two Khanchi of manure belonging to Sant Ram. When she was filling it the thrid time the wife of Sant Ram objected to it. There started an altercation between the two ladies. The deceased Rudal intervened for his wife and the appellants took the side of the wife of Sant Ram appellant. Sant Ram pulled the feet of Rudal and he fell down. Dhruva kept pressing him on the ground and Sant Ram started inflicting knife blows on him one after the other. When the mother of Rudalnamed Krishana tried to cover Rudal to save him from the assault, Sant Ram inficted knife injuries on her too. Ram Dhruva also hit Prabhawati with lathi when she tried to save her husband. In the mean time, Ram Ujagir Dube P.W.1 and Ram Suchit who had his shop near by arrived together on hearing the case: raised for saving Rudal. Ram Suchit and Rudal managed to disarm Sant Ram. While so doing, Ram Suchit sustained knife injury on the drosal suffice of his right thumb. Rudal on account of the injury in fthcted died at the spot. Ram Ujagir went to the police station and lodged the report Ext. Ka-7 at 8.30 A.M. within an hour of the incident. The appellants too had set up a counter version in the report Ext. Ka 9 lodged by Sant Ram. They had got themselves examined and the medical report of Sant Ram is Ext. IKa17and; that of Dhruva is Ext. Ka 18.

(3.) THE appellants had pleaded not guilty. They did not during trial stick to the stand taken by them in their report Ext. Ka 9 on the basis of which, the G.D. entry Ext. Ka 10 had been made.