RAM BABU JHA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) It is an expedited appeal under the orders of the Hon'ble Chief Justice. The appellant is one Ram Babu Jha who has been convicted under S. 302 I.P.C. and sentenced to life imprisonment and to pay a fine of Rs.15,000.00 vide judgment and order dated 17-4-2002. The judgment was rendered by Sri P. C. Joshi, the then Sessions Judge, Sonbhadra in Sessions Trial No. 17 of 1994. He was put on trial in the said case with one Kamal Gupta who was acquitted.

(2.) Broad essentials of the prosecution case may be noted. The life of one Narottam Chand Gotiya was cut short in this incident. The incident took place on 18/09/1993 at about 10 A. M. near Roadways bus stand, Renukoot, P. S. Pipari, District Sonbhadra. The report was lodged the same day at 10.30 A. M. by Devaki Nandan Dayama PW1, an eyewitness. The distance of the Police Station from the place of occurrence was about 300 yards. On the fateful day and time the victim Narottam Chand Gotiya was going by his Maruti car driven by his driver Sudhir Kumar PW 2 from his residence situated within the premises of Hindalco to his Transport Office in town Renukoot. He was sitting on front seat with the driver. The appellant Ram Babu Jha who shall hereinafter be called "the accused", and one Pankaj Tripathi sought lift in the said car from Narrotam Chand Gotiya who permitted them to sit on the back seat of the car. However, a little after boarding the car when it reached near the betel shop of one Madan in the vicinity of the bus stand, the accused Ram Babu Jha at once attacked Narrotam Chand Gotiya with a knife not leaving opportunity for him to run away from the car, when it had slowed down at the speed breaker near the betel shop aforesaid. The driver Sudhir Kumar PW2 raised shouts for help, soon attracting Krishna Pratap Singh PW5 and Ram Chandra Yadav Constables, K. K. Sharma PW 4, owner of a Motor Parts shop, Prem Kumar Agarwal, owner of Omega Transport Company and Devaki Nandan Dayama PW 1, Manager of Chand Gotiya Transport who were present nearby, at once rushed to the place of incident. The accused and Pankaj tried to run away but they were chased and overpowered by these persons and apprehended a few steps away along with knives possessed by them. They were taken to the Police Outpost of P. S. Pipari where a report of the incident was lodged by Devaki Nandan Dayama PW 1. Narrotam Chand Gotiya who had sustained grievous injuries was taken to Hindalco Hospital where he was declared dead. On the lodging of the F. I. R. a case was registered and investigation followed. It should also be related here that the post mortem over the dead body of the deceased was conducted by Dr. P. N. Singh PW 7 on 18/09/1993 at 4 P. M. The deceased was about 45 years of age and had died about 6 hours back. The following ante-mortem injuries were found on his person: 1. Punctured wound 41/2 cm x 11/2 cm x 9 cm on right side back. Along with wound, part of right kidney was also cut. 2. Punctured wound 31/2 cm x 11/2 cm x 8 cm on the right side back, 3 cm below injury No.1. Large intestines were also cut along with the wound. 3. Punctured wound 3 cm x 1/2 cm x 21/2 cm on the right hip. 4. Punctured wound 31/2 cm x 11/2 cm x 2 cm on the right side hip, I cm below injury No.3. 5. Punctured wound 4 cm x 2 cm x 7 cm on the right side abdomen. Abdominal cavity and small intestines were also punctured. 6. Punctured wound 41/2 cm x 11/2 cm x 8 cm on the right side abdomen. 7. Punctured wound 3 cm x 1 cm x 2 cm on the right upper arm, 8cm below right shoulder joint. 8. Punctured wound 2 cm x 1 cm x 3 cm on the right forearm just below right elbow joint. 9. Incised wound 3 cm x 1 cm x skin deep on the right forearm, 6 cm below right elbow joint. 10. Incised wound 21/2 cm x 11/2 cm x skin deep on the right aspect of right elbow. 11. Incised wound 41/2 cm x 1 cm x skin deep on the right hand. 12. Incised wound 5 cm x 1 cm x skin deep on the right palm just below right wrist joint. 13. Incised wound 2 cm x 1 cm x skin deep on the front of right hand just below right ring finger. 14. Incised wound 1 cm x 1/2 cm x skin deep on the point of right middle finger. 15. Incised wound 11/2 cm x 11/2 cm x skin deep on the right ring finger. 16. Incised wound 1 cm x 1/2 cm x skin deep on the right little finger.

(3.) The cause of death was shock and haemorrhage resulting from ante-mortem injuries.