DEBI RAM Vs. STATE

JUDGEMENT

(1.) A family consisting of two real sibling brothers Devi Ram (A-1), Suresh @ Kallu (A-2) and Smt. Radha Devi (A-3) wife of Devi Ram and Krishna Kumar (A-4) their son have come up to this Court in it's appellate jurisdiction, through instant appeal, challenging judgement and order of their conviction and sentence, dated 21.12.1981, recorded by Vth Additional Session's Judge, Aligarh, in S.T. No.440 of 1979, State Vs. Devi Ram and others, relating to Crime No.263 of 1978, P.S. Khair, district Aligarh. (A-1) & (A-2) were convicted and sentenced under Section 304 part(I) IPC to ten years R.I., whereas rest of the two appellants (A-3) & (A-4) were convicted 304 part (I)/34 IPC and were sentenced to five years R.I. All the appellants were further convicted and sentenced under Section 323/34 IPC to six months R.I. All the sentences of each of the appellants were directed to run concurrently.

(2.) Looking to the prosecution allegations, as was sketched by the informant Radhye Shyam (P.W.3) in his written report, Ext. Ka-1, and subsequently testified during trial by all the fact witnesses Saraswati Devi ( P.W.1), Smt. Saroj (P.W.2), Radhey Shyam (P.W.3), and Banwari Lal (P.W.4) were that informant, who was Central Nazir in Tehsil Khair had gone to the market to read newspaper on the date of the incident ie: 16.12.1978 at 12.00 in the noon. In his absence, at 2.30 p.m., because of digging of a sewage drain,( PW1) and(A-1) engaged them self in a wordly duel. The commotion brought other accused at the scene, who all started assaulting(P.W.1.). When her daughter Km. Malti Devi and daughter-in-law Smt. Saroj (P.W.2) intervened to save their mother/mother-in-law then they were also belaboured with hammer, chisel and brick bats. Firstly Krishna Kumar(A-4) had assaulted P.W.1 on her head by hammer. Km. Malti Devi was caught hold by Smt.Radha (A-3), who then was assaulted with chisel and hammer by (A-1) and (A-3). Other two injured along with an infant boy, Santosh, of one and a half years, were assaulted by bricks bats by Suresh @ Kallu (A-2). This incident was witnessed by Murari Lal, Banwari Lal, Janki and many others. (P.W.3) received information regarding the brawl at quarter to 3 p.m. on which he rushed back to his house and was informed about the incident. Km.Malti Devi was in a precarious condition and therefore, she and P.W.1 were carried to the hospital for their medical treatment, where Km. Malti Devi was admitted. Leaving both the injured in the hospital, informant(P.W.3) returned back to his house, where he scribed written report, Ext. Ka-1, and then accompanied by (P.W.2) and Santosh infant child, he came to the police station Khair, district Aligarh, covering a distance of one and half furlong, where he lodged his report the same day at 4 p.m. against four named accused persons, who are the appellants.

(3.) C.P. Jairam Singh P.W.6 registered Ext. Ka-1 by preparing chik FIR, Ext. Ka-3 and GD entry Ext. Ka-4. Injured Km.Malti Devi, succumbed to her injury in the hospital same day at 6.30 or quarter to 7 p.m. and hence registered offence was converted u/s 304 IPC from 323/34, vide Ext. Ka-5. S.I. Virendra Pal Singh, in whose presence FIR was registered, commenced investigation into the crime, conducted spot inspection, prepared site plan Ext. Ka-6, recovered blood stained apparels of the injured P.W.1 and prepared it's recovery memo Ext. Ka-7 and thereafter seized the blood stained Dhoti with which deceased injuries were wrapped and prepared it's seized memo Ext. Ka-8. After demise of Km. Malti Devi, inquest on her cadaver was performed by him by preparing inquest memo Ext. Ka-9 and other relevant documents vide Ext. Ka-10 to Ka-13. Sealing the dead body, it was dispatched for autopsy purposes through Constable Shiv Ram Singh. After recording investigatory statements of the incident witnesses u/s 161 Cr.P.C., PW7(I.O.) concluded the investigation by laying down a charge-sheeted against all the accused vide Ext. Ka-14.