STATE OF U P Vs. RAMESH

JUDGEMENT

(1.) -Two respondents Ramesh and his son Suresh together with one Lakshi alias Lakshman (also son of Ramesh) were tried before the learned trial Judge for the murder of one Sohan Lal. All the three were acquitted by the impugned judgment dated 30.9.1988, passed by Sri Prakash Chandra, the then Special Judge, Mathura. The State has come up in appeal against two of them Ramesh and his son Suresh.

(2.) THE incident allegedly took place on 22.11.1986 at about 7.45 p.m. near the chak of one Jayanti situated in village Naya Bas, P.S. Raya, District Mathura. THE report was lodged by deceased's son Hari Gopal P.W. 1, the same night at 8.40 p.m. THE parties were residents of the same village and the relations of the deceased with the accused Lakshi alias Lakshman were alleged to be strained. On the fateful day and time the deceased Sohan Lal after closing his shop situated at tri-junction (tiraha) of Kumha on Hathras Road was returning to his home. When he reached near the chak of one Jayanti at about 7.45 p.m. in village Naya Bas, he was surrounded by the three abovenamed accused and two others. Ramesh was armed with an axe,. Suresh and Lakshman each had pharsa and the two unknown others were armed with country-made pistols. THE axe and pharsa bearing assailants assaulted Sohan Lal by their respective weapons causing injuries on various parts of his body. He raised alarm which attracted Hari Gopal P.W. 1, Bhik Chand P.W. 2 and Suresh Chand son of Kali Charan P.W. 3 who were working at that time in their fields and few others. Unknown culprits armed with country-made pistols fired shots towards Hari Gopal and others to scare them away. THE assailants then made their escape good. Hari Gopal P.W. 1 then arranged a cot and took his injured father Sohan Lal to the police station accompanied by Bhik Chand P.W. 2, Suresh Chand P.W. 3 and others. THE F.I.R. was got written by him in the way. On the lodging of the F.I.R., a case was registered. However, the victim died before any medical aid could be given to him and was declared as 'brought dead' in hospital where he was taken from the police station. THE investigation was conducted by Gautam Singh P.W. 7 who also professed to have recorded his dying declaration before sending him for medical examination and treatment.

(3.) WE have heard Sri S. K. Paul, learned A.G.A. and Sri A. B. L. Gaur learned counsel for the complainant in support of the appeal. Sri Rajul Bhargava has been heard from the side of respondents in opposition. WE have also carefully gone through the record of the case which has been summoned before us.