VED RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Ved Ram son of Devi Das and Ram Kumar son of Garib Das have preferred this appeal against their conviction recorded by II AddI. Sessions Judge. Moradabad who sentenced appellant Ram Kumar to life imprisonment under section 302. I.P.C. and two years rigorous imprisonment under section 324. I.P.C. read with section 34. I.P.C. Appellant Ved Ram was sentenced to life imprisonment under section 302. I.P.C. read with section 34. I.P.C. and two years rigorous imprisonment under section 324. I.P.C. Both these sentences were ordered to run concurrently against both the appellants. Along with the said appellant Garibdas father of appellant Ved Ram was also tried under section 307. I.P.C. read with section 34. I.P.C. and under section 302. I.P.C. read with section 34 I.P.C. but he was acquitted by the learned II AddI. Sessions Judge. Thus this appeal came to be filed by Ved Ram and Ram Kumar appellants.

(2.) During the pendency of this appeal, Ved Ram appellant died and, there fore, it abated against him. The occurrence took place on 4.7.1977 at about 8.40 p.m. at Sambhal Gate Rickshaw stand, P.S. Chandausi, district Moradabad. The F.I.R. of the case was lodged properly by (P.W. 1) Chhotey Lal at 9.15 p.m. It is said that on 2.7.1977, Ram Swamp deceased aged about 35 years had told Jivaram, father of Pratap not to permit Ved Ram, appellant, to enter his house because he was having illicit relations with Smt. Javitri Devi, wife of Pratap. On coming to know about it, Ved Ram took to his heart. On 4.7.l977atabout8.30 to 8.45 P.M., when complainant Chhotey Lal (P.W. 1) had taken Ram Swamp in his Rickshaw from Bahjai Bus Stand, Chandausi, where the latter used to work as a collie to Sambhal Gate Rickshaw stand they met the two appellants and Ganb Das, father of Ved Ram appellant, all of whom were with their respective Rickshaws. At that time Ved Ram appellant asked Ram Swamp deceased as to why he was defaming him in connection with the affairs of Smt. Javitri. This gave rise to exchange of hot words between the two, where Ved Ram son of Vishan Lal (P.W. 2) and Bhagwan Dass (P.W. 4) were also present. At that time Garib Das exhorted the two appellants for doing away Ram Swamp once for all. Thereupon the two appellants rushed with their knives towards Ram. Swarup and when complainant Chhotey Lal (P.W. 1) tried to save Ram Swamp, Ved Ram appellant gave a knife blow injuring him on his back. Ram Swarup and Chhotey Lal rail towards south and (P.W. 2) Ved Ram and (P.W. 4) Bhagwan Das also rushed to save Chhotey Lal and Ram Swamp. The appellants surrounded Ram Swamp just in front of the Fatak of one Murlidhar, situated at a little distance from Sambhal Gate Rickshaw Stand and gave knife blows due to which Ram Swamp dropped dead. On the spot two tube lights of street and two bulbs outside the Fatak of Murlidhar were giving light.

(3.) (P.W. 1) Chhotey Lal, complainant, was medically examined by (P.W. 7) Dr. Jagjeet Singh, the same day at 10.30 p.m. He found one incised wound on right side back measuring 4 cm x 1 cm x city deep. The injury was caused by knife and was simple in nature. (P.W. 3) Dr. B.C.S. Yadav conducted post mortem on the dead body of Ram Swamp the next day at 4.30 p.m. and found five ante mortem injuries consisting of two incised wounds, one of which was on the front near the nipple causing rupture of the heart and fracture of the rib. The other incised wound was on the back of left side. Three abrasions were on the arms. In the opinion of Dr. Yadav, the death was caused instantaneously as a result of first incised wound.