RAM NATH Vs. STATE OF U P

JUDGEMENT

(1.) U. S. Tripathi, J. This appeal has been directed against the judgment and order dated 6-3-1981 passed by the then IV Additional Sessions Judge, Mirzapur in Sessions Trial No. 169 of 1979 convicting all the appellants under Sections 147, 302 read with 149, 325 read with 149 and 323 read with 149 IPC and sentencing each of them to rigorous imprisonment for a period of two years under Section 147, imprisonment for life under Section 302 read with 149 IPC, rigorous imprisonment for a period of two years under Section 325 read with 149 IPC, and rigorous imprisonment for a period of one year under Section 323 read with 149 IPC. All the substantive sentences were ordered to run concurrently.

(2.) THE prosecution story, briefly stated, was as under: Kashi Nath (P. W. 1) and his brother Ramjee Ojha deceased, residents of village Khurda Pandey, P. S. Lalganj, District Mirzapur had purchased one biswa land of plot No. 269 situate at Lalganj Bajar from Mangla Prasad through a registered sale deed dated 23-9-1977. Eastern portion of the said plot was already purchased by appellant Ram Nath and he had filled up foundation by stone bolders upto plinth over the area, which he had purchased. On the morning of 22-3-1978 at about 8 a. m. Kashi Nath (P. W. 1) was getting foundation dug over the land adjacent towards west of the land of appellant Ram Nath through labourers. Kashi Nath (P. W. 1), his brother Ramjee Ojha deceased, his sons Jai Shanker Prasad (P. W. 2), Anand Shanker (P. W. 3) and one Hridya Narain Pandey (P. W. 4) were also present on the spot. Appellant Suresh Kumar came to the spot and started abusing Ramjee Ojha deceased saying that no foundation would be dug there. He slapped Ramjee Ojha deceased and thereafter left the spot saying that he would be coming soon. After two and half hours at about 10. 30 a. m. appellant Ram Nath, Prabha Shanker, Suresh Kumar, Bhola, Mataru and Dileep @ Deep Kumar all armed with lathis and 'dandas' came there. Ram Nath inflicted lathi blow on Ramjee Ojha deceased and thereafter Prabha Shanker and Suresh Kumar inflicted lathi blows on Ramjee Ojha deceased. Bhola and Mataru inflicted lathi blows on Kashi Nath (P. W. 1 ). On the objection by Jata Shanker, Anand Shanker and Hriday Narain (P. W. 2 to P. W. 4) the appellants caused injuries to them also. On the intervention of witnesses and labourers, the appellants left the spot. Ramjee Ojha became unconscious. Jai Shanker (P. W. 2) prepared report of the occurrence (Ext. Ka-2) and taking the injured came to the police station Lalganj, where he lodged report at 12. 05 p. m. Chik report (Ext. Ka-4) was prepared by the then Head Moharrir Ram Briksh (P. W. 6) who made an endorsement of the same at G. D. report (Ext. Ka-5) and registered a case under Sections 147 and 323 IPC against the appellants. He sent the injured Kashi Nath (P. W. 1) Ramjee Ojha deceased, Anand Shanker (P. W. 3) and Hridya Narain (P. W. 4) to Primary Health Centre, Lalganj through Constable Ram Krishna for medical examination. Dr. Ramendra Kumar (P. W. 11) medically examined Kashi Nath (P. W. 1), Ramjee Ojha deceased, Anand Shanker (P. W. 3) and Hriday Narain Pandey (P. W. 4) between 1. 15 and 2. 30 p. m. and prepared injuries report (Ext. Ka-18 to Ext. Ka-21 ). All the above injured persons were went to S. S. P. G. Hospital, Varanasi for further treatment. Ramjee Ojha deceased was admitted in the hospital. THE investigation of the case was taken up by Sri Bal Govind Tewari (P. W. 9 ). He reached the spot on 23- 3-1978 inspected place of occurrence and prepared site plan (Ext. Ka-14 ). He also took into possession blood stained and simple earth from the spot and prepared recovery memo (Ext. Ka-15 ). Ramjee Ojha deceased died in the hospital on 23-3-1978 at 7 a. m. Inquest of the dead body of Ramjee Ojha deceased was conducted on 23-3-1978 by Sub Inspector Bahadur Ram of P. S. Kotawali, Varanasi. He sealed dead body and handed over to Constable Jagdish Singh (P. W. 8) alongwith relevant papers for escorting it to the mortuary. Autopsy on the dead body of Ramjee Ojha deceased was conducted on 23-3-1978 by Dr. B. D. Sharma (P. W. 10), who found stitched wound on the head, contusion on right temporal region and cause of death due to shock and haemorrhage as a result of head injury. He prepared post mortem report (Ext. Ka-17 ). THE I. O. Sri Bal Govind Tewari (P. W. 9) interrogated Kashi Nath (P. W. 1), Anand Shanker (P. W. 2), Hriday Narain (P. W. 4) and others on 25-3-1978 at S. S. P. G. Hospital, Varanasi and on completion of investigation submitted charge sheet (Ext. Ka-16) against the appellants. Cognizance of the case was taken up by the Magistrate, who committed the case to the Court of Sessions. In the trial Court all the appellants were charged with the offences punishable under Section 147 IPC, 302 read with 149 IPC, 325 IPC read with 149 IPC and 323 read with 149 IPC. THE appellants pleaded not guilty. THE appellant Suresh Kumar contended that on the date of occurrence he had gone to Lalganj Bazar for making purchases for Holi Festival. Kashi Nath and others were removing the boulders of the foundation of his uncle Ram Nath. He objected them to do so. On it, Kashi Nath and others started causing injuries on him with knife and Danda. When he tried to run away, they surrounded him and again started causing injuries on him. THE peons of the School situate near the place of occurrence came to the spot and saved his life. Danda and stone bats were used by the peons due to in which prosecution side sustained injuries. THE above occurrence took place at about 8 or 8. 30 a. m. He also lodged report of the occurrence and his injuries were medically examined. Cross case was initiated on his report. Appellant Ram Nath contended that he was not present on the spot and was with Kanongo (as he was Lekhpal ). Appellant Bhola, Deep Kumar, Rishi Nath @ Mataru and Prabha Shanker contended that they were falsely implicated to harass them. Prosecution in support of its case examined Kashi Nath (P. W. 1), Jai Shanker Prasad (P. W. 2), Anand Shanker (P. W. 3), Hriday Narain Pandey (P. W. 4) as witnesses of fact, besides Dr. S. K. Gupta (P. W. 5), Ram Briksha (P. W. 6), Dr. A. K. Dwivedi (P. W. 7), Constable Jagdish Singh (P. W. 8), Bal Govind Tewari, I. O. (P. W. 9), Dr. B. D. Sharma (P. W. 10) and Dr. Ramendra Kumar (P. W. 11) as formal witnesses. THE appellants did not adduce any evidence in their defence.

(3.) WE have heard Sri S. P. Srivastava, learned counsel for the appellants and the learned A. G. A. for the respondent and have perused the evidence on record.