GANGA SARAN Vs. STATE

JUDGEMENT

(1.) A quadruple of appellants Ganga Saran(A-1), Kallu @ Tena( A-2), Joma (A-3), and Kailash (A-4), have preferred above two connected appeals, questioning the legality and sustainability of their conviction under sections 302/34 I.P.C. and 302 I.P.C. simplicitor, recorded by Special Judge, E.C. Act, Badaun in S.T. No. 383 of 1982, State Vs. Kailash and others. Learned Trial Judge has convicted appellant Kailash A-4, under section 302 I.P.C., whereas rest of the appellants have been convicted under section 302/34 I.P.C. All of them were sentenced to imprisonment for life for that crime.

(2.) ESCHEWING unnecessary details and stated laconically, incident in question occurred on 8.7.82 at 11.30 A.M., within the precinct of District Court, Badaun. It was alleged in the written FIR, Ext. Ka-1, by the informant Ibney Hasnain, that few days prior to the present incident, one Vimal Balmiki, brother of appellant Kailash (A-4), was murdered in which crime sons of Kadir Khan, injured/ deceased of the present incident, were the accused and by the time present incident had occurred they were not let off from jail. Informant was deceaseds' friend and he used to visit his house off and on. On the incident date 8.7.82, sons of Kadir Khan were to be remanded in the murder case and, therefore, informant Ibney Hasnain, accompanied by injured/ deceased Kadir Khan had gone to the district court to meet them. At 11.30 A.M., when both, the informant and the injured/deceased, were proceeding towards the police lock up, situated within court campus, then, all of a sudden, appellants accused appeared at the scene. Three of the accused appellants ( A-1), (A-2) and (A-3), Joma, Kallu @ Tena and Ganga Saran, instigated their fourth companion Kailash (A-4), for seeking revenge, on which, appellant Kailash (A-4), wielded a knife on the injured/deceased Kadir Khan. This incident was witnessed by the informant Dularey, Shamim, Amir Ahmad and many others, who were present at the spot. Albeit, witnesses had tried to rescue the injured/deceased after instigation was aired, but meanwhile, appellant Kailash (A-4), had already struck two knife blows on the deceased causing him two incised wounds. After the assault accused sprinted away from the incident scene, but were chased by the witnesses. Meanwhile two police constables arrived at the place of the incident and with their help appellant Kailash (A-4), was rounded up and apprehended along with the crime weapon knife, and was handed over to the constables. Injured Kadir Khan sustaining injuries, toddled up a nearby Verandah and sat there. He was transported to the hospital with the help of gathered crowd, where he was admitted at 12 noon in the emergency ward and his medical examination was conducted vide his medical examination report Ext. Ka-5. Dr. had detected following injuries on his person:-

(3.) ACCORDING to the doctor's estimation, deceased had died due to shock and hemorrhage as a result of sustained ante mortem injuries. Charge sheeting of the accused resulted in registration of Criminal Case No. 1930 of 82, State versus Kailash and others, against them in the court of CJM, Badaun and accused were summoned u/s 302/307 IPC and, thereafter, finding their crime triable by Court of Session's, CJM, Badaun had committed their case to the Session's Court on 4.8.82, where it was registered as S.T. No. 383 of 82, State versus Kailash and 3 others. Learned Trial Judge charged accused appellant Kailash (A-4), under Section 302 I.P.C., whereas rest of the three appellants Kallu @ Tena, Joma and Ganga Saran, A1 to 3, were charged u/s 302/34 I.P.C. on 25.8.82. Both the charges were read out and explained to the respective accused, who denied the same and claimed to be tried and consequently, to establish their guilt, Session's Trial procedure was under taken.