RATAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS criminal appeal under section 374 Cr.P.C. has been filed by accused Ratan Singh son of Khargi Ram against the judgment and order dated 11.3.1983 passed by VI Additional Sessions Judge, Etah in S.T. No. 156 of 1982 convicting the appellant under section 302 I.P.C. and sentencing him for life.

(2.) THE brief facts as unfolded by the prosecution is that the complainant Ghanshyam son of Khargi Ram resident of village Tikampura, P.S. Marhera, District Etah lodged an FIR in the concerned police station being crime No. 202 of 1980 on 23.6.1980 at 5.45 p.m. regarding the occurrence of the same day at 4.00 p.m. it is stated in the FIR that at about 8.00 a.m., there was a quarrel between the wife of complainant Premwati and Tarawati, wife of Ratan Singh, who is the real younger brother of the complainant on the point of tying cattle. Due to this, at about 4.00 p.m. when the kids of the complainant namely Narendra, Rajendra and Satendra were playing by the road side, Ratan Singh son of Khargi Ram and Daulat Ram son of Girwar came there and inflicted brick blows on the head and abdomen of Satendra and had dumped him on the ground, whereupon other two kids started crying and responding to the commotion, co -villagers Jai Ram son of Damru and Smt. Jaldhara reached the spot and seeing them, accused persons ran away. It is further stated that the injured kid is unconscious and has been admitted to Government Hospital Merhera. On the basis of this written complaint, FIR was lodged and entry to this effect was made in GD Rapat No. 24 at 17.45 initially under section 308 I.P.C. and later on, a memo was received at police station from the Government Hospital, Merhera about the death of Satendra. So on the basis of that memo, the case was converted under section 304 I.P.C. and investigation was commenced. The Investigating Officer prepared inquest memo, site plan and the dead body was sent for postmortem examination. The postmortem of the deceased was done on 24.6.1980 and following ante mortem injuries were found on the body of the deceased;

(3.) WE have heard Sri Viresh Mishra, learned senior counsel assisted by Sri Sheo Ram Singh, learned counsel on behalf of the accused and Sri Rajiv Gupta learned AGA on behalf of the State and have perused the material on record.