RAMJEET VERMA Vs. STATE OF U P

JUDGEMENT

(1.) PRESENT appeal preferred in this Court in the year 1981 has its genesis in the judgment and order dated 8.12.1981 rendered by III Addl Sessions Judge Faizabad in Sessions trial No 205 of 1980 whereby appellants Ramjeet Verma and Ram Autar Verma were convicted under Section 302/34 IPC and each of them have been sentenced to undergo rigorous imprisonment for life.

(2.) THE incident in the instant case had taken place at about 8.30 a.m. on 15.05.1980. The motive for the said crime is said to be a verbal duel between the accused and the complainant which had occurred a day before the said occurrence. Shortlisting the necessary facts, the prosecution case is that on 14.05.1980, one Tulsi Ram, brother of P.W. -2 -Triloki aged 10 years, had plucked some mango fruits from Mata Taliya grove, situated in village Takpura. The aforesaid fruits, it is alleged, were picked up by some village Children upon which Tulsiram pursued them and retrieved the fruits from them and also punished them by slapping on their faces. Ram Sahaya, the victim, who was then present at the tubewell nearby, came to the rescue of the children and brokered peace between them. Thereafter, the self same children came at the house of the victim and hurled invectives This led to exchange of hot words between the accused and the complainant. The accused felt offended and assaulted Mani Ram. On the day of occurrence, it is alleged, the victim had gone to nearby field which had standing maize crops, for grubbing out the weeds and after completing the work, he was on way back to his house and had hardly arrived at Chak Road, where he stumbled across Ram Sanwrey, one of the accused. This accused asked him to come over to his field for feasting on cucumber (Kheera). On arrival at the field, the accused Ram Sanwrey, gave one cucumber fruit (Kheera) to the victim. In the meanwhile, the other accused persons also arrived at the field armed with Lathies. It is further alleged that upon arrival of other accused persons, Ram Sawnrey exhorted the accused persons to assault the victim. When attacked, the victim cried for help. At that time, the complainant was returning from the village with potable water for his father and on hearing the shrieks of his father, the complainant and other village people challenged the accused persons and rushed to the rescue of the victim. Seeing the village people rushing towards them, the accused persons fled away towards east. It is alleged that they chased the accused persons to some distance but the accused persons proved smarter and escaped. On return, it is alleged, he found his father lying supine. On further scrutiny he found that the head of his father had sustained fractures. Leaving the body in the care of other family members, the complainant left for police station where he handed out the written report. It may be noted that the F.I.R Ext.Ka -3 of the occurrence was scribed by P.W -3 Shyam Lal on the dictation of Triloki PW 2. P.W -2 Triloki thereafter took the F.I.R Ext. Ka 3 to P.S. Kotwali Ayodhya, where it was lodged it at 10.45 a.m.

(3.) ON the basis of the written F.I.R Ext.Ka -3, the chik F.I.R Ext.Ka1 was prepared by P.W -1 Jagdish Pandey, Head Moharrir, and a case was registered through G.D.No.21 (Ext. Ka -2) against the accused.