CHARAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) THE present appeal was preferred in this Court by appellants Charan Lal, Hari, Ram Niwas and Ramesh against the judgment and order dated 9-10-1980 passed by Sri S. K. Saxena, VII Additional Sessions Judge, Meerut, in S. T. No. 315 of 1979. By the aforesaid judgment and order the appellants were convicted under Section 302/34, IPC and sentenced to undergo life imprisonment. THE appellants were further convicted under Section 307/34, IPC and sentenced to undergo R. I. for a period of 10 years. However, both the sentences were directed to run concurrently by the learned Addl. Sessions Judge.

(2.) THE brief facts of the case are that Lajja Ram, a young boy, had taken food for her mother, who was working in her field at about 1. 00 p. m. on 2-5-1979. While he (Lajja Ram) was returning back, he passed through the field of appellant Charan Lal. In the process he picked up an onion from the field of Charan Lal. Charan Lal saw it and gave some beating to the boy. Mother of the body Smt. Ramesh saw the incident. She asked Charan Lal as to why he has beaten a kid on his plucking up only a single onion from his field. On this Charan Lal beat her also with fists and kicks. He also hurled abuses on her. When her father-in-law, Nanak, returned to the house at about 6. 30 p. m. , Smt. Ramesh narrated the whole incident to him. Nanak then came to the shop of Charan Lal at about 7. 00 p. m. to lodge a complaint. Charan Lal was not present at his shop at that time. Instead, appellant Hari, son of Charan Lal, was there. Nanak enquired from Hari the whereabouts of Charan Lal and also asked Hari as to why Charan Lal beaten his daughter-in-law and grand son, Lajja Ram. On this, Hari, who probably knew about the incident from before, assaulted Nanak also. In the meantime, appellants Ram Niwas and Charan Lal arrived there armed with their guns. Appellant Ramesh also came to the spot with a revolver. THEy challenged Nanak and exhorted each other to kill the Harijan (Nanak ). Appellant Hari also brought his gun. In the meantime Garib Das came in front of the house of the accused persons on his way back to his house. Seeing Garib Das, Hari fired on him also. Garib Das ran a little distances on receiving the gunshot injury and fell down. Nanak then took to his heels. THE gunshot report attracted some more Harijans who came to the spot and tried to stop the accused from perpetrating the crime against Harijans. On this all the four accused persons rushed towards Harijan Basti firing indiscriminately. THEy also got the shop of their maternal uncle Booley closed and took him with them. In the way Ram Das came across them. THEy fired upon him too, who, on receiving gunshot injury, fell in front of his house and died there. From their firing, Garib Das, Dayal, Bhuro, Ishowati, Mukhtiari, Maya, Harbans, Atri, Daram Raj, Darshan Dayal and Pappu sustained injuries. THE incident was witnessed by large number of villagers. Old enmity with Harijans was also alleged against these persons.

(3.) THE post-mortem examination on the person of deceased Ram Das was conducted by P. W. 9 Dr. G. C. Agarwal. THE post-mortem report is Ext. Ka-18 on record. THE Doctor found the following ante- mortem injuries on the person of deceased Ram Das : (1) Gunshot wound of entry 0. 4 cm. x 0. 3 cm. x chest cavity deep, right side front of chest 1. 5 cm. above right nipple at 12 O'clock position. No blackening or scorching present. (2) Abrasion 3 cm. x 1 cm. on the right mastoid region. (3) Lacerated wound 0. 2 cm. x 0. 2. cm. skin deep front of right ear middle. 4th rib had a whole through and through. Pleura was punctured on the right side. Right lung was lacerated. Cause of death, as opined by the Doctor, was shock and haemorrhage as a result of injury to right lung. It was sufficient, in the ordinary course of nature, according to the autopsy surgeon, to cause death. Firing was resorted to from a distance of 10-15 feet.