JIA RAM Vs. STATE OF U P

JUDGEMENT

(1.) -This appeal has been preferred by Jia Ram Verma and Buddhu Verma against the judgment and order dated 24.3.1981 passed by the Sessions Judge, Sultanpur in Sessions Trial No. 38 of 1980, whereby they have been convicted and sentenced in the manner stated hereinafter ; under Section 302 read with Section 34, I.P.C. to imprisonment for life ; under Section 324 read with Section 34, I.P.C. to one year's R.I. ; and under Section 323 read with Section 34, I.P.C. to six months' R.I. ; Further Jia Ram Verma was convicted and sentenced to undergo 1-1/2 years R.I. for the offence punishable under Section 324, I.P.C. and Buddhu Verma to 1 year's R.I. for that punishable under Section 323, I.P.C. The sentences of the appellants were ordered to run concurrently. It is pertinent to mention that although in the F.I.R. two other accused, namely, Radhey Shyam and Ayodhya Pandey were nominated but from the evidence on record it is not clear why they were not put up for trial.

(2.) SHORTLY stated, the prosecution case runs as under : The informant Ram Lakhan (P.W. 1), Sahdeo (P.W. 2), Bhagelu (P.W. 4), Ms. Sarju Dei (P.W. 5), the deceased Paras Nath and the appellants, at the time of incident, were living in village Urdhanpur within the limits of police station Jaisinghpur, district Sultanpur. On 30.1.1978, at about 2.00 p.m., while Ms. Sarju Dei (P.W. 5) was on way to see her field, wherein rai and sarson crop was standing and had reached the northern corner of the field of Jagnarain, she saw Ginai, sister of appellant Jia Ram Verma, uprooting rai and thereafter running towards the house of her father Ram Awadh. She remonstrated. On that appellants Jia Ram Verma and Buddhu Verma along with co-accused Ayodhya and Radhey Shyam came. Appellant Buddhu was having, a lathi and remaining three ballams. Buddhu started assaulting Ms. Sarju Dei with lathi. Seeing this the informant Ram Lakhan (P.W. 1), Sahdeo (P.W. 2) and the deceased Paras Nath, who were in an adjoining potato field, came to her rescue, whereupon the appellants, and co-accused Ayodhya and Radhey Shyam belaboured them. Hearing cries Bhagelu (P.W. 4) and Jagnarain also came there. On being reprimanded, the appellants and others ran away. In order to save themselves, Ram Lakhan and Sahdeo assaulted the accused with the handles of kudal. Thereafter the informant putting Paras Nath, who was precariously injured, on a cot along with Ms. Sarju Dei and Sahdeo, proceeded to police station, Jaisinghpur. On the way, Paras Nath succumbed to his injuries. At police station, Jaisinghpur, the informant Ram Lakhan lodged his F.I.R.

(3.) THE injuries of Ram Lakhan and Smt. Sarju Dei were medically examined by Dr. Ram Surat (P.W. 7) Medical Officer, Primary Health Centre, Jaisinghpur on 30.1.1978 at 7.30 a.m. and 8.00 a.m. respectively. On the person of Ram Lakhan, Dr. Ram Surat found the following injuries :