RAM YASH Vs. STATE OF U P

JUDGEMENT

(1.) Ram Yash, Bhola; Shiva Nath and Paras Nath have filed this appeal against their conviction and sentence passed by the IV Additional Sessions Judge, Mirzapur, in Sessions Trial No. 187 of 1977 whereby every one of them stands convicted and sentenced under sections 302/34, I.P.C. to life imprisonment and under sections 323/34, I.P.C. to six months rigorous imprisonment.

(2.) The charge against the appellant was that on 15th November, 1976, at about 5-30 P.M. the appellant in furtherance of their common intention committed the murder of Asha Ram by intentionally causing his death and thereby committed an offence punishable under section 302, I.P.C. Further, in the same incident they voluntarily caused hurt to Siw Ram Roop, Sewa Lal and Km. Sursatia thereby committing an offence punishable under section 323, I.P.C.

(3.) In order to prove the prosecution case P.W. 1 Meva Lal and P.W. 4 Km. Sursatiya are the eyewitnesses P.W. 1 Mewa Lal is the informant, being father of the deceased, Asha Ram. The other witnesses are P.W. 5 Surya Bhan Yadav who carried the dead body of Asha, Ram to the mortuary for post-mortem examination, S.I. Misra, the Medical Officer incharge, Chila, who examined the injuries of Sewa Lal and Km. Sursatia, P.W. 8 Rana Pratap Singh is the Investigating Officer but P.W. 9 Raja Ram S.I. filed the charge-sheet against the appellants, P.W. 10 Dr. D.D. Tripathi is the Medical Officer, Mirzapur, who had conducted the postmortem examination on the dead body of Asha Ram.