SHAMBHOO NATH TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS criminal appeal arose from an order of conviction under Sections 302/149, 148, 147 IPC. Under Section 3021149 IPC the appellants were convicted to undergo imprisonment for life. Under Section 148 IPC Shambhu Nath was convicted and sentenced to one year's R.I. and other five appellants, Kapil Deo Tewari, Vijai Tewari, Vijai Pathak, Ambika Pathak and Shyam Narain, were sentenced to undergo six months R.I. under Section 147 IPC. The sentences were directed to run concurrently.

(3.) THE victim was taken by his wife to Police Station Baluwa. Here a report was prepared. It was dictated by him and was scribed by (PW 3) Brij Mohan Singh. Thereafter, it was handed over to the Head Constable (PW 4) Ram Vilas Pandey who prepared a chik FIR and G.D. etc. The case was registered under Sections 147/148/323/324/307 IPC. The deceased thereafter was taken to the hospital, Chahaniya Primary Health Centre, Varanasi, two and a half kilometer from the place of occurrence. He was medically examined by (PW 6) Dr. Ramji Pandey on 20 -11 -1980 at 9.30 a.m. In all 14 injuries were found on his person. Injury Nos. 2 to 4 were kept under observations and X -ray was advised. Some of the injuries were simple in nature. They were caused by blunt object except injury No. 14 which was caused by a sharp edged weapon. Duration was fresh. He was immediately, after the medical examination, referred for Kabir Chaura Hospital, Varanasi. The victim breathed his last at the gate of Kabir Chaura Hospital. His body was sent for post -mortem on the next day i.e. 1 - 12 -1980 at 4.00 p.m.