HARI RAM Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal filed by Han Ram, Gajraj, and Mulu against their conviction under section 302 read with section 34 I.P.C. passed by the III Additional Sessions Judge, Jalaun at Orai dated 19/4/1979 in Session Trial No. 146 of 1978.

(2.) The charge against the, appellants was that on 6/1/1978 at about 4.00 P.M. they in furtherance of their common intention caused the murder of Bhura aged about 25 years son of Maheshwaridin Kachhi informant, who has been examined as P.W. 1 in village Udanpur, P.S. Kadaura District Jalaun.

(3.) The prosecution case is that the deceased Bhura had teased or hag done something outraging the modesty of the sister of Han Ram appellant for which a First information Report was lodged and for that reason Han Ram bore grudge against Bhura. It is said that two other appellants Gajraj and Mulu are friends of Han Ram. On 6; 1.78 at about 4 P.M. Bhura, Maheshwaridin with her daughter Sobhati and Sita Ram, who is a relative of the informant, were returning after collecting HariyaliT from the plots. When they reached the alleged place of occurrence, they met one Ramdi, a friend of Siwam, started talking, while the deceased Bhura went ahead with the heap of HariyaliT on his head. Just after a little while a hue and cry was heard by the informant Sitaram and others any they saw that near the house of Baladin three accused persons were beating Bhura in front of the shop of Bal Kishan with weapons. It is said that Hariram and Gajraj were armed with axes and Mulu was armed with a Barchhi, The witnesses challenged the assailants, who ran away leaving Bhura. It was noticed that Bhura was lying dead in a pool of blood. The informant prepared a written report with the help of one Ram Prasad at his residence and went to the police station Kadaura and lodged the First Information Report at 5.45 P.M. A case was registered by the Head Moharrir, and the Investigation officer P.W. 6 Subedar Singh who was present at the Police Station Kadaura, proceeded for the site of the incident immediately thereafter. Necessary documents with regard to the inquest report and recovery of plain and blood stained earth were made and then the dead body was handed over to constable Sirajuddin P.W. 3, who took it to the head quarter for post-mortem examination. P.W. 8 Dr. M.P. Gupta conducted the postmortem examination on 8.1.78 at 4.00 P.M. and found the following ante-mortem injuries: