ZILEY Vs. STATE OF U P

JUDGEMENT

(1.) THE First Additional Sessions Judge, Meerut in the Sessions Trial No. 302 of 1978 had convicted Ziley, Ram Phal, Ram Bhajan, Ram Kishan, Ram Vir Bhanwar Singh and Harendra under sections 302/307 read with section 149 IPC. He further had convicted Ram Phal, Ram Bhajan, Harendra and Bhanwar Singh under section 148 IPC and Ziley, Ram Kishan and Ram Vir under section 147 IPC. AH the appellants under section 302 read with section 149 IPC had been sentenced to rigorous imprisonment for life and under section 307 read with section 149 IPC, to seven years rigorous imprisonment. THE accused Ram Phal, Ram Bhajan, Harendra and Bhanwar Singh each had been awarded a sentence of two years under section 148 IPC and Ziley, Ram Kishan and Ram Vir each had been awarded a sentence of one year under section 147 IPC. THE accused Ziley, Ram Phal, Ram Bhajan, Ram Kishan, Bhanwar Singh and Harenda aggrieved by the Judgment and order of the Additional Sessions Judge filed the criminal appeal No. 1763 of 1979 and Ram Vir aggrieved thereby filed the criminal appeal no. 2007 of 1979. Both these appeals had been heard together.

(2.) THE uncontroverted facts are that the report Ext. Ka-1 had been lodged in the Police Station Binauli at 9.15 A.M. on 3-5-78 and thereupon the check report Ext. Ka-4 was prepared and by the G. D. entry Ext. Ka-5, this case had been registered against the appellants under sections 302/307/ 324/323 read with section 149 and under sections 148 and 147 of the Indian Penal Code. It has also not been assailed that before the above report had been lodged Virendra s/o Kabool had died on account of the injuries inflicted and Daya Nand, another son of Kabool too was in a,'critical condition for having been severely battered and the informant Kabool had also reached the Police Station with several wounds on his person. THE post mortem examinations of Virendra had been done at 3.30 P.M. on 4-5-78 by Dr. R. D. Sharma PW 7 and his report Ext. Ka-6 shows Virendra to have sustained the following ante mortem wounds

(3.) DAYA Nand succumbed to his injuries at 6 33 P.M. on 6-5-78. His post mortem report is Ext Ka-22 The injuries noted in the post mortem report of Dr. Om Prakash Sharma CW 1 tally with those of the medical report Ext. Ka-2. The post mortem report in addition gives out that there were the fractures of (i) Rt. ulna near wrist (ii) Rt. Index finger (iii) Right fibula (iv) Right foot middle underneath index tissue and (v) 1st Meta tissue under the left dorsum.