RAM MOORAT Vs. STATE OF U P

JUDGEMENT

(1.) The appellants Ram Moorat and Smt. Sonia have preferred the aforesaid criminal appeal against their conviction and sentence under Sections 302 and 302/109 I.P.C. and under Section 201 I.P.C. Ram Moorat appellant No.1 has been sentenced to undergo rigorous imprisonment for life on the first count and for three years rigorous imprisonment on the second count. Both the sentences have, however, been directed to run concurrently by the judgment and order dated 6/11/1982 rendered by Sri. S.C. Jam, Sessions Judge, Mirzapur in S.T. No. 59 of 1982.

(2.) The occurrence was dated 8/11/1981 at about 2 P.M. The First Information Report (Ext.ka-2) was lodged by Ram Kishun Chaukidar (P.W. 2) at police station- Kone of District Mirzapur at 11-30 P.M. on 9/11/1981. The police station was at a distance of 15 miles from the village - SasanaiChulhiyawa Jungle, the place of occurrence. In the First Information Report (page-2 of the paper- Book), it was stated that on 9/11/1981 at 11-12 P.M. the informant Ram Kishun-Chaukidar (P.W. 2), was informed that in the Mazra Chulhiyawa of village Sasanai there was a dead body. The head was separated from rest of the body. The information was conveyed to the Chaukidar who went on the spot along with other persons and found drops of blood on the passage through the forest. The dead body was lying in a Naala to the south of the foot-path. At a distance of 40-50 paces, the head was also discovered and that the dead body was of one Dec Chand, son-in-law of Gajadhar (P.W. 4), and one Murahu was deputed to convey the news to the family of Deo Chand deceased, and to trace out Smt. Sonia the wife of the deceased. As the persons having collected there informed that Deo Chand had come to the village to take his wife Smt. Sonia appellant No. 2 along with him, the informant thereafter proceeded to Police station Kone and lodged the First Information Report Ext.ka-2 the same night at 11-30 P.M. The First Information Report-was recorded by P.W. 10 Head Constable Ram Naresh Yadav and he registered the case in the General Diary Ext.Ka-14, He sent special report at 6-05 A.M. the next morning per constable Shyam Behari Singh. As R.P. Saroj (P.W. 9), the Investigating Officer, was present at the police station when the report was lodged, he took the investigation in his hand and proceeded to the place of occurrence at 4.00 A.M. and reached there at 11 A.M. and found the blood lying on the footpath passing through the forest. He traced out the dead body of Deo Chand. A trail of blood marks were seen. The inquest report Ext.ka-7 was prepared and the dead body duly sealed was sent for post mortem. Dr. G.D. Dubey P.W. 1 conducted the autopsy at 12.15 P.M. on 12/11/1981. He found following ante-mortem injuries on the person of deceased:

(3.) The doctor was of the opinion that the death was caused as a result of shock and haemorrhage from the aforesaid injuries.