ASHA RAM Vs. STATE OF U P

JUDGEMENT

(1.) Two appellants, father and son, Asha Ram and Suresh, have challenged their conviction under section 304 IPC with implanted sentence of five years, recorded by Session's Judge, Mainpuri in two connected S.T.s, No.129/1980, State Vs. Asha Ram and S.T. No.130 of 1980, State Vs. Suresh, vide impugned judgement and order dated 28.7.1981, in the instant appeal.

(2.) Stated briefly, unfolded background facts were that Jauhari and Mooley were real sibling brothers. Appellant Asha Ram is the son of Jauhari whereas appellant Suresh is his grandson, being son of Asha Ram. Siyaram deceased was the son of Mooley and so he was the cousin of appellant Asha Ram. P.W.1 Smt. Ram Poti is the wife of deceased Siyaram and Prem Chand is their son. There was one co-villager Pahunchi Lal, whose son and daughter-in-law were Nathu and Molshri. Mooley, Jauhari and Pahunchi Lal had a joint agricultural holding, half of it belonged to Pahunchi Lal whereas rest half were shared by Mooley and Jauhari. It transpires that after the death of Nathu, Molshri married Asha Ram. Pahunchi Lal had taken Prem Chand in adoption. Being collaterals and having lust for property, there were immovable property litigations going on between appellants and deceased in the aforesaid jumbled relationship. It is alleged that because of pending court cases and harbingered animosity, on 13.12.1978 at 12midafternoon,Siyaram was belaboured by the appellants with wooden cot slats, when he was erecting a ridge(mend). Many villagers intervened in the assault and saved Siyaram.

(3.) Brijendra Singh, P.W.2, himself, scribed a written report, Ext. Ka-1, about the incident, as was witnessed by him, and then read it out to the injured Siyaram, who approved of it and affixed his thumb impression on it, and thereafter P.W.2 carried it along with Siyaram to PS Barnahal and lodged it.