RAM CHARAN Vs. STATE OF U P

JUDGEMENT

(1.) Accused Ram Chuan has been convicted under sections 302/149, 307/149 Indian Penal Code and sentenced to undergo rigorous imprisonment for life under section 302/149 and for five years rigorous imprisonment under section 307/149 Indian Penal Code. He has been further convicted under section 147 Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of one year by the 3rd Additional District Sessions Judge Budaun on 11th November, 1976.

(2.) The facts giving rise to this appeal are briefly put as follows:

(3.) Gauri Sahai deceased was the father of Karan Singh (P.W. 1), Atbal and Hardayal were their family members. Dinanath is the uncle of Karan Singh (P.W. 1), Phool Singh (not produce) is his uncles son. The accused Chandra Pal and Deep Singh are sons of the accused Ram Lal. The accused Prem Chandra is the son of Ram Charan accused. The accused Babu Ram is the sisters son of accused Ram Charan and Ram Lal. The Patela of Charan Lal, uncle of Karan Singh was in the partnership of the accused Ram Charan and Ram Lal. Accused Ram Charan was ploughing his field on 20th October, 1973 at about 7.30 A.M: Karan Singh and his brother Hakim, Singh were spreading manur in their plot on that very morning. Chandra Pal reached near the Nali along with the said Patela. Charan Lal asked him to give that Patela to him as he had used it for sufficiently long time, Thereupon Chandra Pal accused threw away the Patela and left for the village abusing him. Shortly thereafter Chandra Pal, Ram Charan and Ram Lal came their followed by Smt. Sobarani. All of them were abusing Charan Lal and threw him on the ground. Karan Singh used his Paina for assaulting those assailants, Rameshwar, Tika Ram and Gayngir intervened. Ram Lal, Ram Charan and Soba Rani received injuries in the occurrence and went back to the village. Shortly thereafter Karan Singh also returned for the village. When he reached in front of the house of Charan Lal on the vacant space, he met Deep Singh, Prem Chandra and Ram Charan, Chandra Pal, Ram Lal and Babu Ram accused there. Deep Singh was armed with a single barrel gun. Prem Chandra accused was armed with a revolver. Chandra Pal was armed with a spear and remaining three accused were armed with lathis. Chandra Pal accused exhorted his companion to kill Karan Singh as he had assaulted his mother and he dealt a separ blow on his leg. He Karan Singh (P.W. 1) cried whereupon Gauri, Dma Nath, Har Dayal, Atbal, Smt. Mohan Devi, Satyawati, Prem Chandra son of Tika Ram rushed there. Karan Sing (P.W. 1) fell down on receiving injuries. Ram Lal accused dealt lathi blow on the person of Dma Nath. Just then Deep Singh fired his gun causing injury to Hardayal. Accused Prem Chandra fired his revolver causing injuries to Atbal. Accused Deep Singh fired second round of his gun causing injuries to Gauri Sahai. Accused Ram Charan and Babu Ram assaulted Atbal with lathi after he had fallen down. Phool Singh (not produces) fired two rounds of his gun to save Karan Singh and others causing injuries to the accused Ram Charan, Chandra Pal and Prem Chandra. Consequently the accused ran away. Hardayal died instantaneously. Karan Singh wrote a report at his Chaupal and carried the same to the police station where he submitted it at 9.05 P.M. The Statements of Gauri Sahai and Atbal were recorded by the Investigating Officer and they were referred to Budaun hospital. Atbal succumbed to the injuries in the way. Gauri Sahai was admitted in the Mission Hospital Bareilly where he expired after 5 or 6 days. Dinanath and Gauri Sahai were medically examined on 20th October, 1972 and the following injuries were found on the dead body of Hardayal, Atbal and Gauri Sahai in the post mortem explanation: On the dead body of Hardayal 1. Gun shot wound of entry 0.25 cm. X 25cm. X scalp on the front and left side of head 5 cm. above the ear. 2. Two gun shot wounds of entry 0.25 cm. X 0.25 cm. X scalp on the left side of head behind the ear. 3. Two gun shot wounds of entry 0.25 cm. X 1.25 cm. X muscle on the front of forehead above the eye brow.