BUDHI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two appeals arise out of the judgment and order passed by learned II Addi. Sessions Judge, Mathura on 21.10.1982 in Sessions Trial No. 230 of 1980. By the aforesaid judgment Budhi, Patram, Neto and Bhagwan Singh stand convicted under Section 304, Part-IT and 323/34 I.P.C. and sentenced to four years and one years R.L respectively. All the appellants and fifth accused, namely Puma have been acquitted of the charge under Sections-302/147/148/149 I.P.C. This acquittal was proceeded by the clear acquittal of the fifth accused Puma of all the charges as his participation was held to be doubtful. According to the prosecution case the incident had happened on 5.6.1980 at about 8 p.m. in village - Akbarapur, police-station Chaata, district - Mavuts. Mawasi has his house in the said village and it is said that he along with his father and some other relatives was sitting at that place when all the accused (all five) had come and wanted to take a KADHAI which was, according to the prosecution, likely to cause damage to the wall. Mawasi, therefore, said that KADHAI should not be taken in that manner. This resulted in an altercation as a result of which the accused started beating. In the said beating by the accused Smt. Sukho, Narain, Mawasi, Ram Swamp and Kishan Singh sustained injuries. Mawasi and Ram Swamp have been examined as P.W. 4 and P. W. 7 respectively. The other two alleged victims have not been examined. However, Narain is said to have died on way to the hospital, though he was medically examined at the P.H.C. at 12.30 A.M. on 6.6.1980. On his death the post-mortem examination was conducted by P.W. 3, Dr. D.R. Sen who found one stitch wound on the head and for contusions including a multiple contusion on the right knee. In view of the aforesaid facts all the accused were charged under Section 302 I.P.C. at the trial.

(2.) Coming to the-details of the incidence it is said that as soon as the incident had happened Mawasi took his injured father along with and the other injured to the police-station and lodged a written report which has been prove a as Ext. Ka. 10. This was got written by one Radha Charan Pachauri. This F.I.R. was registered vide entry Ext. Ka. 12 made by constable-clerk Jagdish Pun. P.W. 9, Dinesh Chandra Misra, Sub-Inspector was present at the police station. He directed an entry to be made in the general diary, a true copy of which has been proved as Ext. Ka. 24. All the injured were then directed to go by a Tractor Bearing No. U.S.O 5703. This case was registered under Sections 147, 148, 149,323 and 307 I.P.C. because Narain was alive at that time. The prosecution states that the statements of the informant and other victims were recorded by the Investigating officer at the Police Station. The letter for medical examination was handed over to the informant and other victims who were medically examined by P.W. 2, Dr. R.C. Gupta from 12.30 A.M. onwards. The defence case is that the prosecution version is wholly false and concocted. They have got proved Ext. Ka 28 and Ka. 29 which go to indicate that appellant Buddhi had lodged a F.I.R. at 11.05 P.M. at the same police station Chhata in the same night. His version, as noted in the F.I.R is that his brother Patiram, Netram and his nephew Bhagwan Singh were returning to the house on a Bughi with a KADHAI having Soda. When the B UGHI came near the house of Narain the edge of the said KADHAI scratched the wall of the house of Narain as a result of which Narain, Mawasi and Smt. Sukho along with Ram Swarup hurled abuses which was protested by the accused side whereupon Narain and others started beating the accused with lathis and axes causing injuries to Buddhi and several others. On hereing the hue and cry several witnesses had arrived there. An F.I.R. was lodged as Ext Ka. 28 and on its basis the formal registration of the case has been proved by document Ext. Ka. 29. This case was registered under Sections 323 and 324 I.P.C. and investigation of this cross-case as case crime No. 86-A was also taken up by the said Sri D.C. Misra. The injuries of Bhagwan Singh, Netram, Patram and Buddhi have been examined between 2.15A.M. to 3 A.M. on 6.61980 by P.W. 2 Dr. RC. Gupta.

(3.) To complete the chronology relating to the prosecution case it may be said here that panchayatnama was prepared by the Investigating Officer on 6.6.1980 at 7 A.M. vide Ext. Ka. 13, Exts. Ka. 14 to 19 are the documents which were prepared by the Investigating Officer at the place of occurrence being letter to the RI. Challan nash, letter to the C.M.O. and sample seal etc. P.W. 3 Dr. D.R Sen, performed autopsy on the dead body of Narain on 6.6.1980 at 5 P.M. As noted above, the injuries even at the post mortem stage remained the same except one stitched wound which seems to have been caused during first aid.