LALA RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a case in which accused appellants killed Mani Ram and injured PW 1 Babu Ram after picking up quarrel on a petty issue. IVth Additional Sessions Judge, Pilibhit, in S. T. No. A86 of 1981 State v. Lala Ram and 3 others, under S. 302/323 IPC, P. S. Barkhyera, District Pilibhit, convicted the accused appellants for offence punishable under S. 302, read with section 34 IPC and sentenced each of them to undergo imprisonment for life and further convicted appellants Lala Ram and Hira Lal for offence punishable under S. 323 IPC and sentenced each of them to undergo rigorous imprisonment for a period of 6 months. The sentences so awarded were to run concurrently. Feeling aggrieved by this the present appeal has been preferred by accused appellants.

(2.) The prosecution case as unfolded in the trial Court was that accused appellants Lala Ram, son of Dhani Ram, Hira Lal, son of Nand Ram, Chhote Lal, son of Nand Ram, Net Ram, son of Chheda Lal and complainant Babu Ram and deceased Mani Ram, all were residents of village Vikaramapur, P. S. Barkhera, District Pilibhit. On 5-12-1980, complainant PW1 Babu Ram and his father deceased Mani Ram went for catching fishes in a pond out side their village. After putting the fishing hook in the pond they were returning back to their house. It was about 7.00 P. M. when they reached near the house of accused Lala Ram they saw a fire burning under the Neem tree in front of the house of accused appellant Lala Ram and there all the 4 accused appellants were warming themselves. The lathies of the accused appellants were lying near thereby. Deceased Mani Ram and his son PW 1 Babu Ram also sat there to warm themselves. Accused appellant Chhotey Lal demanded 'Sulfa' for smoking from deceased Mani Ram. Deceased told them that he had no 'Sulfa' with him at that time. Upon this accused saying that he used to smoke their sulfa but that day he was not giving to them, pushed the deceased, Deceased fell down. After his getting up there was exchange of abuses between deceased and accused appellants. Suddenly accused appellants picked up their lathies and started beating Maniram. Mani Ram and PW 1 Babu Ram cried for help. Upon this Lala Ram and Hira Lal also caused injuries to Babhu Ram by Lathies. Cries of the deceased and injured attracted PW 2 Hira Lal son of Kalyan, Pancham and Sumer to come to the spot. In the light of burning fire incident was seen by the witnesses. Mani Ram died of the injuries under the neem tree near the burning fire and the accused ran way. Persons of the village collected there. PW 1 Babu Ram went to the village Chaukidar and leaving the village people near the dead body of his father he proceeded along with chaukidar to the police station Barkhera, which was at the distance of 6 miles from the village. They went on foot and reached at the P. S. about 11.00 P.M. in the night. PW1 Babu Ram, orally narrated the incident. On the basis of oral report PW6 Sher Bahadur, constable prepared the chick report, which is Ex. Ka-3 and made an entry in G. D. which is Ex. Ka-4 at 11.15 PM on 5-12-1980. PW 1 Babu Ram was having injuries on his person and his clothes were blood stained. PW 6 took clothes of the injured in his possession and prepared the memo. From police station PW1 Babu Ram was sent for medical examination to P. H. C. Barkhera. P. H. C. Barkhera had no light and remained closed in the night. On 6-8-1980 at 8.00 A. M. PW 1 Babu Ram was medically examined by Dr. Surendra Mishra PW 3. He found following injuries on his person. 1. Lacerated wound 5 cm. x 5 cm. muscle deep. Over right side of scalp 11 cm. above the right ear pinna. 2. Abrasion 5 cm. x 5 cm. over forehead 12 cm. above the root of nose. 3. Contusion 3.5 cm x 2.5 cm. over back of left hand at 3rd metacarpus phalanges joint.

(3.) In the opinion of Dr. all the injuries were simple in nature and caused by some blunt object like lathi, duration was about 12 hours old.