VIMLESH Vs. STATE OF U P

JUDGEMENT

(1.) The appellants have challenged the judgement and order dated 20.1.2005 passed by Addl. Sessions Judge (FTC -1), Kannauj in S.T. no. 20/2004 (Crime no. 485/2003 P.S. Tirva) whereby appellants no. 1 to 6 have been found guilty for the offence punishable u/s 147, 302/149, 307/149, 323/149 IPC and appellant no. 7 u/s 323 IPC. The appellants have been sentenced as under:

(2.) THE prosecution story in brief, is that on 7.11.2003 at about 7.30 A.M. complainant Ram Bux s/o Pitam r/o Village Behrin P.S. Tirva submitted a written report at P.S. Tirva wherein he stated that on 5.11.2003 his 12 -years' old daughter Km. Meena plucked few phaliya from Darhari field of co -villager Raja Ram s/o Chhedi Lal, on which his son Ram Lakhan hurling filthy abuses had beaten her with belt. When the complainant enquired about this incident from Ram Lakhan he threatened to kill all the family members. Today when his sons Shiv Nath, Chhabi Ram, brother Ram Nath and Raghunath while going to attend natural call in the fields across the road, reached on the chak road in between the fields of Shiv Balak and Ram Asrey Misra at about 6 A. M., Vimlesh s/o Chhannu Lal, Ashok and Ram Lakhan sons of Raja Ram, Rajendra s/o Chhedi Lal having knives in their hands, Akhalesh s/o Chhannu Lal and Ajay s/o Rajendra armed with dandas came out from the Arhar field of Mahendra and ran towards them. Their alarm attracted the complainant, his son Vishram, nephew Shiv Shanker s/o Radhey Lal and other villagers reached there and saw that Ashok wielded knife on the chest of Shiv Nath, he fell down and died. Vimlesh, Ram Lakhan and Rajendra assaulted his brothers Ram Nath, Raghunath and son Chhavi Ram respectively with knives and they were badly injured. Accused Akhalesh and Ajay assaulted his son Vishram with lathi -danda. Savitri w/o Raja Ram and her daughter Km. Rita rushed at the spot and hurling abuses had beaten the injured with chappals. The report further stated that when the complainant after arranging conveyance was coming to Tirva for treatment along with the injured, his brother Ram Nath succumbed to the injuries and leaving his dead body at the hospital he had come to police station along with injured Raghu Nath and Chhavi Ram. On the basis of this report case at crime no. 485/03 u/s 147, 302, 307, 323, 324, 352 IPC was registered at the police station, investigation whereof was undertaken by SHO Vishwa Nath Singh. He interrogated the complainant and injured Chhavi Ram and Raghu Nath at the police station and reached at the spot. He preformed inquest upon the cadaver of the deceased at 9.30 A. M. and sent the dead body in sealed cover along with usual papers. He inspected the scene of occurrence and obtained samples of plain and blood stained earth through memo in presence of witnesses Raj Kumar Rathore and Surendra Singh and also prepared site plan. Thereafter he came to PHC Tirva and dictated the inquest report to SSI Satish Chand Dubey. His dead body was also sent for autopsy in sealed condition along with usual papers. He again returned to the spot and interrogated injured Vishram. Injured Raghu Nath and Vishram were examined at PHC, Tirva by Dr. N.H.S. Gupta on 7.11.2003 from 9.20 a.m. onwards. He, however, referred injured Chhavi Ram to District Hospital, Farrukhabad due to his serious condition.

(3.) DR . Anal Shukla PW -2 conducted autopsy on the corpse of both the deceased and in his post -mortem notes he has noted as under in Hindi: .........[vernacular ommited text]...........