BUDDHU Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred by Buddhu, Hridai Ram and Ram Sumer against the judgment and order dated 27.3.1981 passed by the Vth Additional Sessions Judge, Faizabad in Sessions Trial No. 349 of 1980, whereby they have been convicted and sentenced in the manner stated hereinafter:

(2.) SHORTLY stated, the prosecution case runs as under : The informant Thekedar P.W. 1 is the son of the deceased Raja Ram and the injured Smt. Bachchi Devi P.W. 3. At the time of the incident, the informant, Raja Ram, Smt. Bachchi Devi, Babu Lal alias Babu Ram P.W. 2, Chhingu P.W. 4 and the three appellants, namely, Buddhu, Hridai Ram and Ram Sumer, were living in Kalupurwa, hamelt of Achraura, within the limits of police station Inayat Nagar, District Faizabad. On 27.7.1980, at about 6.00 a.m., when the bullock of appellant Buddhu started eating the fodder in the trough of the informant Thekedar, the informant's father Raja Ram removed it. Raja Ram protested to Buddhu that his bullock used to eat his (Raja Ram's) fodder and he should keep the same tied. Buddhu took exception to it. On the said date, at 8.00 a.m., when Raja Ram and his wife Smt. Bachchi Devi, along with their bullock, were going to plough their field and had reached near Itehwa Mango tree, appellants Buddhu Hridai Ram and Ram Sumer, armed with lathis, came and said that today we have got him, kill him (Aaj mila hai mar lo). Thereafter, the three appellants assaulted Raja Ram with lathis and when Smt. Bachchi Devi rushed to Raja Ram's rescue, they also assaulted her with lathis. Hearing the cries of Raja Ram and Smt. Bachchi Devi, the informant, Babu Lal alias Babu Ram P.W. 2, Chhingu P.W. 4 and some others came and on their intervention the appellants ran away. As a consequence of the assault, Raja Ram was precariously injured. Thereafter on a cot, the informant took Raja Ram, along with Smt. Bachchi Devi (on a cycle) to police station Inayat Nagar where he lodged his F.I.R.

(3.) THE evidence of Dr. P. N. Singh (P.W. 5) shows that on 27.7.1980, he was posted as Medical Officer, Primary Health Centre, Milkipur and at 11.35 a.m. Constable Satyendra Singh produced Raja Ram, before him and at that time Raja Ram was dead. His evidence also shows that the same day at 11.45 a.m. he medically examined Smt. Bachchi Devi and found on her person the following injuries: