RAM KHELAWAN. Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 10.5.1991, passed by the VIth Additional Sessions Judge, Unnao in S.T. No. 380 of 1984 convicting the appellants Ram Khelawan and Sukhbir under sections 325/149, 148, 324/149 and 323/149, Indian Penal Code and sentencing them to four years' R.I. under Sec. 325/149, Indian Penal Code and three years' R.I. under Sec. 148, Indian Penal Code and two years' R.I. under Sec. 324/149, Indian Penal Code and one year's R.I. under Sec. 323/149, Indian Penal Code and accused appellants Ram Pal, Raja Ram, Ram Kunwar, Roshan, Gauri Shanker, Bhola Ram and Kalloo Singh have been convicted under sections 325/149, 147, 324/149 and 323/149, Indian Penal Code and sentenced to four years' R.I. under Sec. 325/149, Indian Penal Code, two years' R.I. under Sec. 147 Indian Penal Code, two years R.I. under Sec. 324/149, Indian Penal Code and one year's R.I. under section 323/149, Indian Penal Code All the sentences were directed to run concurrently. Accused-appellant Gauri Shanker has expired during the pendency of the appeal and therefore, the appeal filed by Gauri Shanker stands abated.

(2.) According to the prosecution story, Ram Lakhan, the complainant and his elder brothers Ram Jeewan and Ram Sanjeewan were sitting in front of their house for 'Holi Milan' on 22.3.1989. It was at about 5.30 p.m. accused Ram Khelawan arrived at the door of Ram Lakhan (complainant) and started abusing him. Ram Lakhan (complainant) and his brothers prevented them from abusing. At this, accused persons Ram Khelawan, Ram Pal, Roshan, Raja Ram, Ram Kunwar, Gauri Shanker, Bhola Ram, Sukhbir and Kalloo Singh reached there with lathies and 'dandas' in their hands. There were iron leaves in the lathis of accused Sukhbir and Ram Khelawan. Accused-appellant Gauri Shanker exhorted and other accused persons started beating the complainant's party. Smt. Sushila Devi, the mother of the complainant Ram Lakhan and other villagers namely : Pyarey Lal, Mewa Lal and Rajesh reached there to save them and then, the accused-appellants also beat them. On hearing hue and cry, Abdul Gani and other persons of the village also reached there and after that the accused persons escaped. During the course of this incident of marpit, Ram Jeewan, Smt. Sushila Devi, Rajesh, Ram Sanjeewan, Mewa Lal and Ram Lakhan sustained injuries. Ram Lakhan along with all the injured persons reached the police station and lodged a written report against the accused persons under Sec. 147/323, Indian Penal Code

(3.) Injured-persons Ram Jeewan, Smt. Sushila Devi, Rajesh, Ram Sanjeewan, Mewa Lal and Ram Lakhan were referred to District Hospital, Unnao where they were medically examined. Smt. Sushila Devi expired at about 3.25 a.m. on 23.3.1989 in District Hospital, Unnao. After receiving the information about the death of Smt. Sushila Devi, S.I. K.K. Siddiqui reached the hospital and prepared the inquest report. He also prepared the other documents of photolash, challan lash, letter to C.M.O. etc. The dead body of deceased Smt. Sushila Devi was sealed and was sent for post-mortem, Dr. S.C. Singhal conducted the post-mortem of the dead body of Smt. Sushila Devi and prepared the post-mortem report. S.I. Indra Jeet Singh recorded the statements of certain witnesses under Sec. 161, Crimial P.C. On 27.3.1989, the criminal case was converted under Sec. 302 Indian Penal Code and the investigation was entrusted to S.I. Babu Ram Bhaskar who after completing the investigation submitted the charge-sheet against the accused-appellants.