BABU RAM Vs. STATE OF U P

JUDGEMENT

(1.) APPELLANTS who are three real sibling brothers, Babu Ram, Ram Kumar and Ram Sudhar, all S/o Lakhan Ram, R/O village Babia, P.S. Cantt, District- Bareilly, have preferred this appeal against impugned judgement and order dated 31.7.81,recorded by 1st Additional District and Session's Judge, Bareilly in S.T. No. 431 of 1980, State Vs. Babu Ram and others, by which, learned trial Judge has convicted all the three appellants u/s 304/34 I.P.C. and had sentenced them to 5 years R.I.

(2.) ACCORDING to prosecution version, informant Ram Pher and deceased Puttu Lal were real sibling brothers and were first cousins of the appellants, as their fathers, Lakhan Ram and Sundar Lal, were real sibling brothers. Informant had cultivated wheat crop and had stacked it in the empty field of Ganga Prasad for being threshed at appellant's thresher, which was installed there to separate grains from the spikes. For threshing per quintal spikes, to separate grains from the capitulum, appellants were charging 8kgs of wheat grains. On the incident date 12.4.1980 at 3.00 P.M, informant Ram Pher (P.W. 2) along with his brother Puttu Lal (deceased) got their wheat spikes threshed on appellant's thresher, but did not pay required 8 Kgs of wheat grains and instead they started insisting that appellants should first thresh their capitulum (wheat crop knots/ganth) which could not be threshed properly and grain seeds were still attached with it. Accused appellants however, insisted that they will first thresh other spikes taken by them including spikes of Ram Gulam's, as a marriage was to be solemnized in his house, and only thereafter that they will thresh the capitulum (Ganth). Deceased, however, retaliated appellants attitude by saying that if they will not thresh his capitulum (Ganth), then he will not pay 8 Kgs of wheat grains to them and he (deceased) also removed wheel belt. As a natural consequence, this was followed by hurling of abuses by the appellants which was objected to by the deceased and hence, in midst of exchange of vetuparisation, appellants started belabouring the deceased with clubs. When informant tried to rescue his brother, he too was assaulted as a result of which he also sustained minor injuries. In self defence informant also wielded lathi and caused injuries to Ram Kumar. Sustaining injuries deceased squatted on the ground. Commotion, hue and cry attracted Ram Bahadur, Devi Singh Rameshwar, Jhunna Lal, Chhimmi and others at the incident scene who intervened into the assault and save informant and his brother. With the help of villagers, Puttu Lal(deceased) was brought to informant's house and after arranging a rickshaw, he was carried to the Police Station where informant Ram Pher (P.W. 2) dictated oral F.I.R. to the head constable and got it lodged same day at 6.35 p.m.

(3.) AFTER demise of the deceased, autopsy on his cadaver was performed on 14.4.80 by Dr. P.K. Bose, PW1, Medical Officer, District Hospital, Bareilly at 3 P.M. The cadaver was identified by constable Jagdev Prasad of P.S. Kotwali, District, Bareilly. In the estimation of the doctor, deceased was 28 years of age and a day had passed since his death. He had an average built body, rigor mortis was present in the lower limbs and the same was diminishing from the upper limbs. Post mortem staining were present on dependent portions, back of the deceased. In the estimation of the doctor frontal bone and left parietal bone of skull were fractured and subdural hemorrhage was present in the injury. Membranes, brain were congested, stomach was empty and large intestine contained gases and fecal matter. In the autopsy report Ext. Ka 1, Dr. P.K.Bose (P.W.1) has noted cause of deceased death as comma due to head injury. Following external injuries were detected and noted by the doctor in the autopsy report:- Ante Mortem Injuries