CHEDI Vs. STATE OR UTTAR PRADESH

JUDGEMENT

(1.) This appeal by Chedi, Buddhu, Sunphal, Banwari, Baburam, Sunder, Pheku, Buddhu, Jagmohan, Shiv Datta, Neur, Marjad, Mahatam and Kali Charan is directed against their conviction and sentence recorded by the IVth Additional Sessions Judge, Gorakhpur on 2-9-1978 in S.T. No. 11 of 1978. They were convicted under Sections 147,302,149,323/149 and 323/149 I.P.C. and sentenced to various terms including imprisonment for life.

(2.) The deceased Ram Briksh is said to have been murdered and the charges related to his murder and simple injuries caused to Hira and Moti who happen to be the brother of the deceased. The incident is said to be of about 5 p.m. on 12-51977 in village Karauta, P.S. Maharajganj, District Gorakhpur. A First Information Report of the incident was lodged at the police station at 11a.m. on the next date i.e. 13-5-1977. It appears that till then Ram Briksh had not died and hence the report was one under Sections 147,323/307 both read with Sections 149. The exact time of death of Ram Briksh is not known and even the post mortem report is silent about it. However, the post mortem examination itself seems to have been conducted on 14-5-1977 at 4.30 p.m. The only visible injury on his person was a haematoma 4 x 4 on scalp in the middle and fracture of both the sides of parietal bones and of both the sides of occipital bones were found as also blood clots were found present inside the bones and there was fracture of the base of the skull.

(3.) The F.I.R. Ext. Ka-9 narrated a peculiar story in the form that the son of deceased and nephew of the informant, namely, Moti had brought his sister-in-law (Sali) to his place in order to attend his wife who was soon to be delivered with a child. This was possibly taken ill by the inlaws of the sister-in-law and on the date of incident all the accused persons came to his house and began to assault Moti, Hira and Ram Briksh with cudgles saying that Ram Briksh should be done to death. During the assault, other persons of the locality reached there and avoided further assault.