FAURAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -This appeal has been directed against the judgment and order dated 10.2.1981 passed by VIth Additional Sessions Judge, Agra in Sessions Trial No. 649 of 1979 convicting the appellant Fauran Singh under Section 302, I.P.C. and sentencing him to undergo imprisonment for life.

(2.) THE prosecution story, briefly stated, was that Ram Das deceased (37) was resident of village Dida Mai, Police Station, Firozabad North, district Agra. THE appellant Fauran Singh was also resident of said village. THE deceased and the appellant were descendants of a common ancestor. On 16.5.1979 at about 12-12.30 p.m. Ram Das deceased was sleeping in the outer chhappar of his house. His brother Lala Ram (P.W. 2) daughter Km. Mithilesh (P.W. 1) and wife Smt. Bhoodevi were in the 'Aangan' of the house. At about 12.30 p.m. the appellant came to the said chhappar of the deceased and started inflicting 'gandasa' blows on his neck. THE deceased cried and hearing his shrieks, Lala Ram (P.W. 2), Km. Mithilesh (P.W. 1) and Smt. Bhoodevi rushed towards the chhappar. When they came out of their house, they saw that the appellant was inflicting 'gandasa' blows on the neck of the deceased. Observing the witnesses, the appellant threw the 'gandasa' into a drum kept in the said chhappar and ran away. Lala Ram (P.W. 2) chased the appellant upto some distance, but he could not be apprehended. He returned back to his chhappar. By that time, several persons of the village had assembled and he told them that the appellant had inflicted 'gandasa' blows on the deceased.

(3.) AUTOPSY on the dead body of deceased was conducted on 17.5.1979 by Dr. B. S. Bisana (P.W. 3), who found as many as four incised wounds on the neck of deceased and cause of death shock and haemorrhage, as a result of ante-mortem injuries. He prepared post-mortem report (Ex. Ka-2).