KANTAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajrishi Gupta, Advocate, holding brief of Sri Dileep Kumar, learned counsel for the appellants and Sri L.D. Rajbhar, learned AGA for the State.

(2.) This criminal appeal has been filed against the judgment and order dated 16.1.1982 passed by IVth Additional Sessions Judge, Allahabad in Criminal Sessions Trial No.105 of 1980 (State Vs. Kantan and others) convicting the appellants for an offence under Section 304 Part-I I.P.C. read with Section 34 I.P.C. and sentencing them to undergo rigorous imprisonment for a period of five years.

(3.) The prosecution case in brief is that accused Kantan and Sundar are the uncles of accused Baij Nath and Bhaiya Lal. Ghanshyam Bharti a resident of their village is the son of the deceased, Badloo Bharti. At about 3 p.m. on 26.3.1979, all the accused persons being armed with lathis were getting a charahi constructed on a passage to and near a public well in the said village. The villagers protested against the said encroachment. Badloo Bharti joined them and became more vocal and active in the said protest. Consequently, all the accused persons forming a common intention started assaulting Badloo Bharti on the spot. Ghanshyam Bharti, Mahabir and Ram Das Pasi s/o Gaya Din Pasi arrived their and intervened. Being injured, Badloo Bharti fell down and became unconscious. After that, the accused persons ran away from there. The injured Badloo Bharti, then became unconscious and taken to the Police Station Sarai Aquil. Ghanshyam Bharti, his son, lodged the FIR Ext.Ka.1 with the Police at 5 p.m. on the same day. After that the injuries of Badloo Bharti were medically examined by Dr. J. P. Gupta, the then Medical-officer-in-charge, State Dispensary, Sarai Aquil at 5.45 p.m. on the same day. Since the condition of Badloo Bharti was serious, he was referred to T. B. Sapru Hospital, Allahabad. He was brought there and again referred to the Medical College, Allahabad. He was admitted and treated there in S. R. N. Hospital of the said college. He succumbed to the injuries at 1.45 p.m. On 27.3.1979. Ruk Mangal Singh, the then Sub Inspector out post Suraj Kund, P.S. Kotwali, District Allahabad, conducted the inquest between 9.15 a.m. and 10 a.m. on 28.3.1979. After that Dr. R. V. Singh, the then Medical Officer, M.L.N. Hospital, Allahabad, conducted the autopsy on the dead body of Badloo Bharti at 3.15 p.m. on the same day. Ghanshyam Bharti moved an application Ext.Ka.2 to SS.P., Allahabad for converting the case. Since the local police had received the papers concerning the death of Badloo Bharti on 6.4.1979, the case for the Crime No. 49 for the offence u/s 304 I.P.C. was registered against all the accused persons at 8.40 a.m. on the same day. Thereafter, Sri Pal Singh, the then Sub Inspector posted at Sarai Aquil conducted the investigation. All the accused persons were interrogated and Ext.Ka.5 the charge-sheet against them for the offence u/s 304 I.P.C. was submitted by him on 5.5.79. Thereafter, all the accused were committed by the Court of Sessions by the then Addl. Chief Judicial Magistrate, Allahabad, by his order dated 2.5.1980.