BABU RAM Vs. STATE OF UP

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 8.7.1982 passed by Sri V. N. Singh, the then 6th Addl. Sessions Judge, Shahjahanpur in S. T. no. 616 of 1980 whereby each appellant had been acquitted for the offence punishable u/s 307 IPC, however, accused appellants no. 2 to 4 have been convicted u/s 324 IPC and sentenced to undergo R.I. for one year while appellant no. 1 had been found guilty for the offence punishable u/s 324/34 IPC and had been sentenced to pay fine of Rs. 500/- with default stipulation.

(2.) During pendency of appeal Parashu Ram appellant no. 3 has died, so his appeal stood abated vide order dated 10.2.2014.

(3.) Shorn of details, the facts of the case for deciding the appeal are that the complainant and the accused-appellants belong to the same family and there was old partition dispute of the property between them. In the morning of 6.9.1979 Babu Ram proclaimed that they would keep their agricultural produce in the whole field, but complainant insisted him to use only half of the field, whereupon Ram Nath and Parashu Ram armed which bhala, and Ram Rais armed with kanta arrived there and on their exhortation Ram Nath wielded bhala in his stomach. His brother Seva Ram came to his rescue but in order to kill he was also assaulted with bhala by Parashu Ram and Ram Nath causing bhala injuries to him. After sustaining injuries Seva Ram fell down and when Ram Chander ran to save him Ram Rais assaulted him with kanta and whereas Babu Ram wielded lathi on all of them. Hearing noise witnesses Ram Pal, Rameshwar and Banwari arrived at the spot and on their challenge the accused persons made their escape good towards south. Complainant Ram Sharan lodged written report of the incident in police station Parore the same day at 10.15 a.m. and on its basis case u/s 307, 323 IPC was registered against the four accused-appellants name in the FIR. The injured were sent for medical examination to PHC, Usawan (Budaun), where they were examined by Dr. G. D. Bhaskar from 4.45 PM onwards. He found injuries on the person of the injured, as under: