MOHAN Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal against the judgment of conviction and order of sentence passed in Sessions Trial No.341 of 1981 on 24.7.1982 by the learned First Additional Sessions Judge, Varanasi was initially preferred by three appellants, namely, Munshi, Raja Ram and Mohan. Appellant Mohan who was the father of the remaining two appellants Munshi and Raja Ram died during the pendency of the appeal and as may appear from court's order dated 29.3.2007 his appeal was ordered to abate on account of his death, thus, the appeal surviving only on behalf of appellants Munshi and Raja Ram.

(2.) THE appellants had been convicted under Sections 302/34 and 323/34 I.P.C. and each of them had been directed to suffer rigorous imprisonment for life as also rigorous imprisonment for one year on the respective two counts. Initially, there was a non -cognizable report of committing offences under Sections 323, 504 and 506 I.P.C. which report was registered on 10.9.1980 at 12:30 p.m. in respect of an occurrence of the same date having taken place at 10:00 a.m. It was stated that the three convicted accused including the deceased appellant Mohan had assaulted the uncle of the informant, namely, Sitaram with lathi and when he intervened he was also assaulted with the same weapon.

(3.) THERE is no dispute in it that the cases were registered as non -cognizable report initially. But what we find is that deceased Sita Ram who was hospitalized in Sir Sunder Lal Hospital, Varanasi died on the sixth day of the occurrence, i.e., on 5.9.1980 at 11:00 p.m. due to injuries which were inflicted upon him allegedly by the appellants. Before succumbing to his injuries deceased Sita Ram had been examined by Dr. S.L. Yadav P.W.6 who found the following injuries on the person of the deceased: