ASA RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30/11/1978 passed by Sri R. K. Gupta, Sessions Judge, Muzaffarnagar, in Sessions Trial No. 246 of 1978 by which the appellant, Asa Ram, has been convicted u/S. 302 of the Penal Code (hereinafter referred to as 'the IPC') and sentenced to undergo life imprisonment. He has also been convicted for the offence punishable u/S 323 read with S. 34, IPC and sentenced to undergo rigorous imprisonment for a period of nine months. The sentences have been made to run concurrently. Appellant Krishna Pal has been convicted for the offences punishable under S. 326 read with Ss. 34 and 323, IPC and sentenced to undergo rigorous imprisonment for a period of three months and nine months respectively for each count. His sentences have also been made to run concurrently.

(2.) The case of the prosecution has been that at about 12 in the noon on 11/05/1978 Asa Ram, his wife Jaggo and their son Krishna Pal assaulted P.W. 1 Mahichand when he demanded back the amount of loan of Rs. 300/ - and about this incident, Mahichand lodged a report at the police Station Jhinjhana, District Muzaffarnagar. It is alleged that after lodging the report when, Mahichand reached the village and was talking to his father sitting in front of the hut of his father Jainath, at about 7-00 p.m. the same day Asa Ram, armed with spear, and his son Krishna Pal, armed with lathi, came there and started beating him and his father Jainath saying that they would repay the amount of loan and would teach them a lesson for lodging the report. P.W. 2 Sukhbir Singh and P.W. 7 Jugender Singh, according to prosecution, came to the spot on hearing the alarm raised by Mahichand and witnessed the incident in question. Jainath, according to the prosecution, died on the spot.

(3.) A written report, scribed by Sukhbir Singh, was lodged at the police station Jhinjhana, district Muzaffarnagar at 9-30 p.m. on 11/05/1978 by Mahichand P.W.5 Ataul Rehman Rizvi, Head Moharir, on the basis of the aforesaid written report, prepared the check report and made the entry of its substance in the general diary. P.W 8 Rajendra Singh, Station Officer, in whose presence the report was lodged, made the investigation of the case, reached the place of occurrence in the night; got prepared the inquest report from Sub Inspector Talewar Singh in the following morning and sent the body under sealed cover for post mortem examination through PW6 Brij Pal Singh, constable prepared the site plan and took in possession samples of blood stained and plain earth. It is alleged that Rajendra Singh, Investigating Officer, arrested Asa Ram, appellant, on the main road at a distance of about four furlongs from the place of occurrence. On 12/05/1978 and, at his pointing out, recovered the blood-stained spear from the field of Baljit in the presence of PW2 Siukhbir Singh and P.W. 7 Jogendra Singh and sealed it and prepared the memo of recovery. P.W. 3 Dr. S. P. Garg, Medical Officer, Shamli Dispensary examined the injuries of Mahichand on 12/05/1978 at 1.00 a.m. He found the following injuries on his person:-