RAMESH Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal has been filed against the judgment and order dated 9.11.1993 passed by Sri M.M. Jayant the then II AddI. Sessions Judge, Rampur in S.T. No. 633 of 1991 whereby the appellants were convicted under Sections 302/34 I.P.C. and sentenced to undergo life imprisonment.

(2.) The prosecution case, as men-tioned in the F.I.R. lodged by P.W.1 Sunder Lal, is that on the date of occurrence he alongwith his brother Bundan Lal had visited Balmiki Mandir for participating in a Panchayat. At about 12.30 P.M. his brother left the Panchayat and he was followed by Ramesh, armed with country made pistol Mahesh, Dinesh and Ganesh were armed with knives and they surrounded him and assaulted him with knives. His brother raised alarm and complainant alongwith Babu Lal son of Banney, Prakash, Ramesh son of Nanhey, Babu Lal son of Mahesh Chand, Aslam, Parvesh and Kallu Khan reached to save him. Dinesh exhorted Ramesh to shoot him and thereafter three accused persons caught his brother who fell down on the ground and Ramesh fired at the face and his brother died on the spot then the accused persons ran away from the eastern gate of the temple. The occurrence was witnessed by several persons. Naresh brother of the accused persons was murdered in the year 1970 and complainant and deceased Bundan Lal were named as accused in the said report. On account of this enmity the accused have murdered Bundan Lal. The report was lodged at the police station on 22.9.1991 at 1.15 P.M. The distance of police station from the place of occurrence is about 1 1/2 Km. After registration of the case P.W. 7 S.I. Govind Ram started investigation. He recorded the statement of Head Moharrir Mahen-dra Singh and complainant and reached the place of occurrence. He prepared site plan Ext. Ka-4. He prepared inquest memo of Bundan Lal Ext. Ka-5 and also prepared seal photo lash, Chalan lash, report to R.I., report to C.M.O., which are Exts. Ka-6 to Ka-lO. The dead body was sealed and handed over to Constable Govind Singh and Constable Prakash Chandra for post mortem examination. He took blood stained and plain earth and prepared its recovery memo Ext. Ka-li. He recorded the statements of Babu Lal son of Banney, Prakash, Umesh, Babu Lal son of Mahesh, Aslam, Parvesh and Kallu Khan. He stated that on 17.10.1991 Mashooq Ali Incharge has taken the investigation and has filed charge sheet against the accused persons in court which is Ext. Ka-16. The post mortem examination of the deceased was conducted by P.W. 8 Dr. Arun Kumar Gupta on 23.9.199 1. He had noted the following ante mortem injuries:

(3.) According to the opinion of the Doctor cause of death of the deceased was due to shock and haemorrhage as a result of ante mortem injuries.