JAMUNA PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Both the appellants have filed this appeal against the judgment and order dated 29-1-2001 passed by Sri N.K. Rajauria, Addl. Sessions Judge in S.T.No.99 of 1992 whereby appellants have been convicted under section 302 Indian Penal Code read with section 34 Indian Penal Code (briefly, the IPC) and each of them has been sentenced to extreme penalty of death.

(2.) Undisputedly, in this case two persons lost their life. They were Laxmi Narayan real brother of appellant Jamuna Prasad and Ram Gopal son of Laxmi Narayan. Appellant Asha Ram is son of appellant Jamuna Prasad.

(3.) Prosecution case as revealed in the F.I.R., in brief, is that on 23-2-91 Dev Prasad, his cousin Laxmi Narayan and his sons Ram Gopal and Ram Pratap had gone to their field to load harvested pea crop in their bullock cart. Dev Prasad went to water his field while Ram Gopal and Ram Pratap started loading per crop. Laxmi Narayan was sitting nearby. Appellant Jamuna Prasad and his son Asha Ram came there in their bullock cart and carried the cart in the 'Semar' field of Laxmi Narayan. Laxmi Narayan objected to it but the appellants did not pay any heed and then they came down from the cart and started assaulting Laxmi Narayan by picking Kherulua (heavy bamboo like wooden piece) from the cart. When Ram Gopal came to save his father he was also assaulted by Kherulua by both the appellants. On the alarm raised by the victims, Ram Pratap, Dev Prasad and Shiv Narayan were attracted to the scene of occurrence. Seeing the witnesses arriving both the appellants ran away. Ram Gopal and Laxmi Narayan sustained injuries. Ram Gopal became unconscious on the spot. Both of them were carried to police station Narahat by Dev Prasad and others. Dev Prasad P.W.2 lodged written report Ex.Ka 1 at the police station on the same day at 3.10 p.m., distance of police station being 18 kms. Head constable Mohd. Sattar Beg P.W.6 prepared Check report and registered the case in the general diary. The Investigating Officer Kumar Bahadur Singh P.W.4 took up the investigation and sent both the injured for medical aid. Dr. M.N. Singh P.W.10 medically examined Ram Gopal on the same day at 5 p.m. and found following injuries on his person: 1. Lacerated wound .05 scalp on left parietal region 4 cms x 1 cm bone deep clotted blood present. 12 cms above the pinna of ear with swelling in an area of 10 cms x 8 cms. KU.O. Adv. X-ray 2. Traumatic swelling on (right) eye, both eye lids bluish coloured K.U.O. Adv. X-ray 3. Red coloured contusion on (left) arm outer aspect 8 cm x 2 cm, 7 cms below shoulder joint. On the same day Dr. M.N. Singh medically examined Laxmi Narayan at 5.30 p.m. and found the following injuries : 1. Red coloured contusion on scalp in mid parietal region 10 cms x 3 cms with traumatic swelling in an area of 15 cms x 10 cms K.U.O. X-ray advised. 2. Red coloured contusion on (left) side of face 8 cms x 2 cms extending up to eye socket both eye lids swollen K.U.O. X-ray advised. Victim Ram Gopal died on the same day at 10.45 p.m. Information of his death was communicated, whereupon inquest was held and dead body under seal was sent for post mortem examination. Dr. Prakash Chandra conducted autopsy on the dead body of Ram Gopal on 24-2-91 at 4.30 p.m. Following ante-mortem injuries were found : 1. Diffused swelling present over centre skull and towards right and left parietal region. 2. Left eye swollen upper eye lid much more swollen. On the opening, the doctor found that both parietal bones were fractured in the centre of skull. In the opinion of the doctor cause of death was due to head injury followed by coma as a result of injuries sustained over head.