SITA RAM SETH Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal arises from the judgement of the IInd Additional District and Sessions Judge, Varanasi, dated 9.10.1985 convicting and sentencing the appellant Sita Ram Seth to imprisonment for life under sections 302/34 I.P.C. and to 8 years R.I. under section 307 I.P.C. and convicting the appellant Bharat Prasad alias Bharat to imprisonment for life under section 302 I.P.C. and to 8 years R.I. under sections 307/34 I.P.C. and the appellants Sudama and Deo Saran to imprisonment for life under sections 302/34 I.P.C. and imprisonment to 8 years R.I. under sections 307/34 I.P.C. The sentences were to run concurrently.

(2.) The prosecution case in a nutshell was that the appellant Dr. Sita Ram, who was carrying out his medical practice in village Kamalpur, had given some medicines to Km. Neelam Devi, grand niece of the informant Bhagwat Singh 15 days prior to the incident in question. A balance amount of Rs.45/- was required to be paid for the medical treatment, but the deceased Brijnath Singh, was refusing to pay the said amount, which was being demanded by Dr. Sita Ram Seth and his son the appellant Bharat Prasad, as they were saying that Neelam had got no relief from the treatment. On the date in question, when the informant Bhagwat Singh, grand nephew of the deceased Brij Nath Singh was passing along with Brij Nath and his younger brother Pradeep in front of the house of Dr. Sita Ram, he again demanded the money. On this demand, there was verbal altercation between the parties. Sita Ram and his son threatened that they would take the money on that date, Then Brij Nath and his two companions left the place challenging Sita Ram and Bharat to realize the money if they could. When they arrived in front of the college where Brij Nath used to teach, then Brij Nath said that he would like to drink some water. As soon as the deceased and his two companions left the verandah at about 4.30 p.m. on 3.1.1983 after drinking water, they saw the appellant Sita Ram armed with a rifle coming on the bicycle of the appellant Sudama and Sita Ram's son Bharat, who was armed with a gun arriving on the bicycle of the appellant Deo Saran. Sita Ram exhorted his son to fire. Then the appellant Bharat fired on the deceased Brij Nath, who fell down at the spot. Sita Ram made another fire on the witnesses, who hid behind a shelter. The incident was also witnessed by Khedu and others. Bhagwat Singh, then proceeded to Police Station Dheena, 8 Km. away, where he lodged the first information report as above. (Ext. Ka-7) at 5.30 p.m. After registration of the case, S.I. K.N. Pandey, In-charge of the Police Station proceeded to the spot (i.e. the Rashtriya Inter College, Kamalpur) along with Khedan Singh and Awadhesh Singh and conducted the inquest and sent the body for post mortem.

(3.) Dr. C.P. Tripathi conducted the post mortem on the body of the deceased on 4.11.1983 at about 12.30 p.m. About 20 hours had elapsed since the death. The following ante mortem injuries were seen:-