TULA RAM Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. There are three appellants-Tula Ram Bahadur and Lala Ram, who are aggrieved of the judgment and order dated 13th January, 1981, passed by Sri M. G. Godbole, the then Sessions Judge, Jalaun at Orai in Sessions Trial No. 97 of 1980. All of them have been convicted under Section 302 read with Section 34 I. P. C. and sentenced to life imprisonment. There was a fourth accused Raja Babu who too was tried in the said trial but was acquitted.

(2.) THE deceased of the incident was one Lalji Singh. THE incident occurred on 15th April, 1980 at about 11 a. m. in village Dhamini, Police Station Churkhi, District Jalaun, the F. I. R. of which was lodged the same day at 2. 45 p. m. by Siroman Singh P. W. 1, father of the deceased. THE distance of the police station from the place of occurrence was about 8 miles. THE deceased had taken his she-buffaloes to the river to the west of the village for quenching thirst. After about half an hour, Siroman Singh also went there with two bullocks for the same purpose. He was followed by Chhote Lal PW 3 and Raghuraj Singh PW 4 with their respective animals. As soon as all of them reached the field of Bhagwan Singh, they saw that Lalji Singh was being assaulted by the present three appellants. Out of them, Tula Ram and Lala Ram were armed with axes whereas Ram Bahadur had a spear. On hearing the alarm, all these witnesses rushed up. Radhey Shyam and Jugraj Singh also came on hearing the alarm. All the three appellants escaped after crossing the river. Lalji was found to have died instantaneously.

(3.) THE internal examination disclosed that temporal, left parietal and occipital bones were cut. Membranes of the brain were congested. Cervical bone was cut. THE small intestine contained digested meal while the large intestine contained faecal matters. THE death was due to shock and haemorrhage as a result of the above-referred injuries.