RAM MURTI Vs. STATE

JUDGEMENT

(1.) This is a criminal appeal against the judgment and order of the then IV Additional Sessions Judge, Agra dated 4-9-1979 in Sessions Trial No. 158 of 1978 convicting and sentencing the appellants under S. 304, Part II read with S. 34, IPC. to undergo seven years rigorous imprisonment, u / S. 323 read with S. 34, IPC to undergo one month's rigorous imprisonment and further u/ S. 323 read with S. 34, I.P.C. to undergo one month's rigorous imprisonment.

(2.) The prosecution case briefly stated is, that there had been an old enmity between the deceased and the accused. The immediate cause for the incident was the dispute in respect of an open land existing near the house of the deceased. It is alleged that the informant Bhanwar Singh's father Suraj Bhan deceased, his mother Smt. Imarti Devi and sister Ram Beti were standing on 30-4-1977 at 8-00 a.m. in front of their house. The house of the accused is in the neighbourhood of the house of the deceased. The accused asked Suraj Bhan and others why they were standing there, whereupon Suraj Bhan expressed that they were standing on their own land. The accused retorted him saying that they would make them stand there and started assaulting Suraj Bhan with lathies with the result that Suraj Bhan received injuries on his head and other part of his body. Smt. Imarti Devi and Ram Beti rushed to his rescue and consequently they were also assaulted. On the alarm being raised, the witnesses reached the spot and intervened. The accused while hurling abuses, fled away. All three injured were taken to the police station Pinahat by Bhanwar Singh P.W. 2 who lodged the First Information Report Ex. Ka-2 there at 11-00 a.m. A case was registered against the accused u / Ss. 323 and 504, IPC.

(3.) Suraj Bhan, Smt. Imarti Devi P.W. 3 and Ram Beti were medically-examined by Dr. Ram Chandra Singh Chauhan P.W. 8, who was then posted as the Medical Officer, Primary Health Centre, Pinhat. Suraj Bhan was referred to the District Hospital, Agra for advice and treatment. As his condition was serious, he was shifted to the S. N. Hospital, Agra for treatment. He died there on 10-5-77 as a result of the aforesaid injuries.