SIDDHA GOPAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the order of conviction and sentence dated 17-6-1980 passed by learned Additional Sessions Judge, Hamirpur in Sessions Trial No. 218 of 1979, State v. Siddha Gopal and three others, by which accused Siddha Gopal and Chiranji Lal have been convicted under Section 323, I.P.C. and accused Ram Sewak and Kalkai have been convicted under Section 323 read with Section 34, I.P.C. and all of them have been sentenced to undergo rigorous imprisonment for a period of one year. Accused Ram Sewak and Halkai are further convicted under Section 324, I.P.C. and accused Siddha Gopal and Chiranji Lal are convicted under Section 324 read with Section 34, I.P.C. and all of them have been sentenced to undergo rigorous imprisonment for a period of two years. All these four accused persons have further been convicted under Section 302 read with Section 34, I.P.C. and each one of them is sentenced to undergo imprisonment for life. By the impugned order, the sentences are to run concurrently. The charge against the appellant is that on 26-2-1979 at about sun set in the Geonda Har of village Imiliya, near Ghutai railway station, P.S. Mahobkhanth, District Hamirpur, in furtherance of their common intention, all the appellants committed murder of Ram Dayal and besides it on 27-2-1979 at about sun set in village Imiliya on the path behind the house of Tejjan situate in Mahobkhanth, District Hamirpur, accused Ram Sewak and Halkai caused simple injuries to Mohan Lal with Farsa and accused Siddha Gopal and Chiranji Lal caused simple injuries to Mohan Lal with lathis.

(2.) The F.I.R. was lodged against all the appellants by Bhagwan Das, brother of deceased Ram Dayal, under Section 304/324/323, I.P.C. at G.R.P. outpost Mahoba, District Hamirpur on 27-2-1979 at 2.30 p.m. As a consequence of it Mohan Lal was medically examined in State Hospital, Charkhari, District Hamirpur on 28-2-1979 at 8.00 pm. and the following injuries were found on his body. :-

(3.) In the opinion of the Doctor all the injuries were simple. Injuries No. 1, 5, 8 and 9 were caused by blunt object like lathis and injuries No. 2 , 3 and 4 were caused by sharp edged weapon like Farsa and injuries No. 6 and 7 were possible from friction.