SIYA RAM S/O NARAIN Vs. STATE

JUDGEMENT

(1.) THESE two appeals have been preferred against a judgement and order dated 8.9.1981 passed by I Additional Sessions Judge, Kheri in Sessions Trial No. 348 of 1980 whereby the appellants have been convicted under Section 302/34 IPC and sentenced to imprisonment for life.

(2.) THE informant in this case is Parmai Lal resident of village Padaria Tula, P.S. Bhira, District Lakhimpur Kheri. According to the prosecution case, there had been proceedings under Section 107/116 Cr.P.C. between the deceased and the accused. On 5.4.80 at about 5 p.m. Ram Bhajan, a common friend of the deceased and the accused persons had taken Parmai Lal from his house to the wheat crop field of Sheo Chandra situate towards west of the village abadi. Siya Ram and Chhanga armed with spears and Maya Ram armed with a Kanta were already present there. The moment Parmai Lal reached there, Siya Ram, Chhanga and Maya Ram challenged Parmai Lal and assaulted him by their respective weapons. On alarm being raised by Parmai, his father Sheo Charan (PW -4), his wife and Soney Lal (PW -2), Chhanga (PW -3), Jai Jai Ram (PW -5) and Bhikhari rushed towards the place of occurrence. The accused persons ran away after assaulting Parmai Lal, who was in a critically injured condition. He was taken to his house and from there he was taken to Bijuwa Primary Health Centre for treatment. Parmai Lal got F.I.R. scribed at P.H.C. Bijuwa by Bankey Lal (PW -1). The report was handed over to Sheo Charan (PW -4) for being lodged at police station Bhira. He lodged the F.I.R. the next morning i.e. on 6.4.80 at 8 a.m. Dr. R.K. Singh (PW -8) medically examined Parmai Lal at 9:55 p.m. On 5.4.80 i.e. the date of occurrence and noted the following injuries on his person:

(3.) AFTER lodging of the report by Sheo Charan PW -4, Head Moharrir Shyam Bihari Shukla (PW -6) had prepared chik F.I.R. (Ex. Ka -2) and also prepared G.D. entry (Ex. Ka -3). Ram Singh Rathore (PW -13), the investigating officer of the case, proceeded for P.H.C. Bijuwa where he reached at about 9:15 a.m. At 9:20 a.m. he recorded statement of Parmai Lal (Ex. Ka -16). Thereafter Parmai Lal was taken to District Hospital, Lakhimpur Kheri escorted by Constable Rama Kant Pandey (PW -11). The investigating officer recorded the statement of Sheo Charan (PW -4), Smt. Santa, wife of the injured Parmai Lal and Bankey Lal (PW -1) at the premises of P.H.C. Bijuwa. Thereafter he reached village Padaria at the place of occurrence by 2:45 p.m. He recorded the statements of Soney Lal (PW -2), Chhanga (PW -3), Jai Jai Ram (PW -5), Bhikhari and certain other persons. He also prepared site plan (Ex. Ka -18) and collected blood stained and plain earth under recovery memo (Ex. Ka -17). On 6.4.80 a ward -boy at P.H.C. Bijuwa filed written information (Ex. Ka -5) at 3:35 p.m. about the death of Parmai Lal. The case was, therefore, converted under Section 302 IPC vide G.D. entry which is Ex. Ka -6). S.I. Irshad Ali (PW -12) prepared inquest on the dead body of Parmai Lal and also prepared relevant papers for postmortem examination. On 7.4.80 PW -7 Dr. R.K. Vatsa conducted autopsy on the dead body of the deceased at 11 a.m. and prepared postmortem examination report (Ex. Ka -8). He noted the following ante mortem injuries on the corpse of Parmai Lal: