BASUDEO ALIAS PATWARI Vs. STATE OF U P

JUDGEMENT

(1.) SURYA Prasad, J. This is a criminal appeal by the above named appel lants Basudeo alias Patwari, Ram Vir, Ram Chandra lias Chaila, Ratna, Beria Prem and against the judgment and order 29-11-1988 passed by the then VI Additional Sessions Judge, Aligarh in Session Trial No. 145 of 1986 State v. Basudeo & Ors. under Sections 147, 148, 323 and 302, I. P. C. , Cnandpa, District Aligarh thereby convicting and sentencing the appellant sudeo to Life Imprisonment under Section 302, I. P. C. to three months Imprisonment under Section 323 read with Section 149, I. P. C. and six months Rigorous Imprisonment under Section 148, I. P C and convicting and sentencing the appellants No. 2 to 7 to Life Imprisonment under Section 12 read with Section 149, I. P. C. to three months simple Imprisonment under Section 323 read with Section 149, I. P. C. and to three months simple Imprisonment under Section 147, I. P. C. All tne sentences were directed to run concurrently. 2 The prosecution case as set out in the First Information Report, briefly stated is that the informant Ram Khilari son of Panna Lal is a resident of village Kapura, P. S. Chandpa, District Aligarh. There had been a litigation between him on the one side and Basudeo alias Patwari and Ramvir on the other, sons of Jangali Ram resident of the said village in respect of the certain agriculture land, Accused Ram Chandra alias Chhaila, Ratna son of Chunni Prem, Beria sons of Channa and Balloo son of Chet Ram belong to one party. They all had been in the look out of taking possession forcibly over informant Ram Khilari. It is alleged that on 30-6-1985 at about 0 A. M all the accused came to the field of Ram Khilari, Basudeo was edwitna spear. He exhorted the other accused to the take forcible 'session over the land of Ram Khilari and to kill one who prevented them from doing so, seeing all this Ram Khilari started running away towards his. use with a view to save his life Basudeo chased him with the spear in his land In the meantime Smt. Kalawati, mother of Ram Khilari happened to there and Basudeo assaulted her with spear. All other accused started assaulting Ran, Khilari, his brother Malkhan, Udal Singh, Mukhia and Mahendra son of Jaipal, consequently they all received injuries Bahadur, Chob Singh and Baboo saw the entire incident, Smt. Kalawati was seriously injured. She was being taken on a cot to the Bagla Hospital, Hathras for medical treatment. She however, succumbed to her injuries on way to the hospital. The informant Ram Khilari and others, who were injured in the course of the incident, got themselves medically examined in the aforesaid hospital. Thereafter Ram Khilari wrote a report about the incident. He took it to the police station and handed it over to the police official concerned there. On that basis a check report was prepared and a case was registered. After the registration of the case, the investigation ensured, consequently the then station Officer of the police station Sri Brij Mohan Udenia reached the place of occurrence. He prepared the inquest regarding the dead body of Smt. Kalawati One S. I. M. P. Tyagi prepared certain other memos at the instance of Sri Brij Mohan Udemina Thereafter the dead body was sent to the mortuary for post mortem examination. Dr. Jawahar Lal Agarwal P. W. 5 Conducted the post mortem examination on the dead body of Smt. Kalawati and found the following ante mortem injures thereof: 1. Incised wound 1 cm. X 1 cm X cavity deep on the part of abdomen 4 cm. above the outer to umbilicus at 10 'clock position.

(2.) CONTUSION 3 cm. x 2 cm on the outer side of left thigh apper part.

(3.) ALL injuries were caused by hard blunt object. They were fresh in duration and were timple in nature. He proved the injury report Ex. ka-3.