RAM AUTAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is filed against the judgment and order dated 17/4/1979 passed by Sri G.L. Tandon, the then 4th AddI. Sessions Judge, Moradabad, whereby the appellants were convicted under section 325/34, I.P.C. and sentenced to undergo rigorous imprisonment for five years each.

(2.) The prosecution story as disclosed in the First Information Report, Ex. Ka 7, was that on 20/5/1978 at about 2 p.m. deceased, Kaley Singh alongwith his cousion, Amar Singh, P.W. 2 was going to Hasanpur from his village to purchase certain articles for the marriage of his sister. When they reached on the road between Gajraula railway station and Phoandapur all the four accused persons named in the F.I.R. Chanchal Singh, Ram Autar Singh, Mahendra Singh and Mahipal Singh, attacked them. Accused, Ram Autar Singh, was said to have been armed with a bicycle chain and other accused were armed with lathis. It is alleged that one lathi blow was given to Amar Singh, P.W. 2, who moved at a distance of about 10 paces and then accused, Ram Autar Singh started beating Kaley Singh with cycle chain and other three accused with lathis. Witnesses Bhagwan Singh alias Bhagwana, Ghasi and Umrao Singh also happened to come at the same time from the side of Gajraula railway station and saw the incident. After beating Kaley Singh the accused persons ran away. A written F.I.R. was lodged at police station Gajraula at 3.15 p.m. the same day and accordingly a case was registered. The case was investigated by P.W. 3, Sri B.D. Joshi, Sub-Inspector. Kaley Singh, injured, was taken to primary Health Centre Gajraula and was medically examined at 3.25 P.M. the same day. Injury report, Ex. Ka 12, was prepared by Dr. R.K. Katiyar, which shows that 23 injures were found on his body out of which 7 were lacerated wounds, six abrasions, a traumatic swelling and rest were contusions. X-Ray was advised. Supplementary report, Ex. Ka. 13, shows that a fracture was disclosed on the tibia & fibula.

(3.) During investigation Kaley Singh, wild was hospitalised at district hospital Moradabad died on 24/5/1978 and his statement recorded by the Investigating Officer under section 161 Cr. P.C. was proved under section 32 of the Indian Evidence Act as dying declaration. After the death of Kaley Singh postmortem examination was conducted on 24/5/1978 in the evening by Dr. D. Misra, P.W.