RAM CHARAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by Ram Charan has been filed against his conviction under Section 304, I.P.C. and the sentence of eight years' R. I. passed by the First Additional Sessions Judge, Rampur, on 31-5-1979 in Sessions Trial No. 218 of 1978.

(2.) The prosecution case in brief was that Ram Charan had executed a usufructuary mortgage of his land measuring about 8 bighas about 10 years ago in favour of Nanna deceased for a sum of Rs. 1200.00. This land was again mortgaged by him to Salamat, co-accused, for a sum of Rs. 2500.00 and by the said amount he had purchased a tonga. Consequently Salamat and Ram Charan asked Nanna to surrender the land at which he said that when the amount was paid he would do so.

(3.) On 31-6-1978 at about 9.30 p.m. P.W. 1 Mohd. Hanif, who is the sister's husband of deceased Nanna, was sitting in his house along with P.W. 3 Smt. Jameela, wife of Nanna and some others. The appellant Ram Charan and co-accused Salamat came there and told Nanna that the amount was ready and he should accompany them Consequently Nanna went towards the house of accused Ram Charan. It is said that P.W. 2 Chunna had in the meantime come from the other direction and was present in front of the house of Ram Charan when inside his Kotha Nanna was thrown on the ground by the two accused and at the asking of Salamt several Daranti blows were caused by the appellant. A lantern was burning in which all this incident was seen by the witnesses from outside the house of appellant Ram Charan. When the witnesses wanted to make an entry the accused said that they would also be killed similarly. After the accused had left, the witnesses found that Nanna was dead inside the Kohta of appellant Ram Charan. A first information report is said to have been lodged by P.W. 1 Mohd. Hanif at 10.30 p.m. in the presence of P.W. 11 Jasram Singh who was the Station Officer of Police Station, Bilaspur. Relevant general dirary entries were made and the case was registered as proved by Exs. Ka-2 and Ex. 3. It is said that the Station Officer started for the place of occurrence after recording the statement of the informant. He got the inquest done and the necessary documents Exs. ka- 12 were prepared and the dead boby was sent through constables Suraj Singh and Lajja Ram for post mortem examination. The post mortem examination of the deceased was conducted by Dr. R. K. Mishra, P.W. 6, on 14-6-1978 at 11.30 a.m. The following ante-mortem injuries were found on the body of the deceased vide post mortem report Ex. ka-5: -