BRAHMA SWARUP Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order dated 223.1980 passed by Shri P.C. Saxena, the then Session Judge, Pilibhit in Session Trial No. A -189 of 1979 State v. Brahma Swaroop and others, convicting the appellants under Section 302/34 I.P.C. and sentencing each of them to undergo life imprisonment.

(2.) THE brief facts of this case are that on 17 -10 -79, the deceased Ram Singh had gone to Bisalpur in connection with the Pairvi of a case which was pending between Pooran and the accused and from there he was to return by bus in the afternoon. He and Pooran used to get down from the bus at Bilsanda and. due to enmity of the accused persons with the deceased, some of his sons used to receive him at Bilsanda Bus Stand wherefrom they used to come together on foot. On the day of incident also, two sons of the deceased, namely, Jhabboo Singh, informant P.W. I and Pahalwan Singh along with their uncle Khurram Singh P.W. 2 met the deceased at Bilsanda Bus Stand at about 4.30 P.M. Pooran was also in the company of the deceased at that time and these five persons started journey on foot towards their village. At about 5 P.M. when they reached near the grove of Durga Bhurji in the Banjar land of village Hempura, accused Brahms waroop came out from behind the Neem tree and assaulted the deceased with Kanta which hit him on the head. When the deceased turned back and started running, the remaining three accused persons, namely, Mool Chand, Tribhuwan Singh and Nathu Singh who had hidden themselves behind the eastern Khai of the aforesaid grove came out with weapons in their hands. At that time Nathu Singh accused was armed with Suja and Mool Chand and Tribhuwan Singh were armed with Kantas. All these four accused surrounded Ram Singh deceased and assaulted him with their respective weapons. This occurrence was seen by Jhabboo Singh, the first informant Pahalwan Singh, Khurram Singh, P.W. 2 and Pooran Singh, P.W. 4. They shouted for help but as there was none in the vicinity, they had no alternative but to flee away from the place of the occurrence. When they came back after collecting certain persons from the village, they found that the accused had already left the place of occurrence and Ram Singh deceased was lying dead. Jhabboo Singh, informant left some of those Persons near the dead body. He then scribed the report at the “Arhat” shop of one Jwala and thereafter lodged the F.I.R. at the Police Station Bilsanda district Pilibhit at 7.15 P.M. The investigation of the case was entrusted to S.I. Daya Ram Dube, P.W. 6 who rushed to the place of occurrence and conducted the inquest of the dead body, which was sent by him for post mortem examination.

(3.) DR . A.K. Mehrotra, P.W. 3 conducted the post mortem examination on the dead body of the decease Ram Singh on 18 -10 - 79 at 3.30 P.M. The following ante mortem injuries were found on the dead body of Ram Singh, deceased who was aged about 60 years: