DHARMU Vs. KARMU

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order dated 8.12.2005 passed by Special Judge, (SC/ST Act), Unnao in Sessions Trial No. 131 of 2001 convicting the appellants under Section 302/34 and Section 3(2)5 SC/ST Act and sentencing them to undergo life imprisonment under each section. Both the sentences were directed to run concurrently.

(2.) SHORN of unnecessary details, according to the prosecution case, report of the incident in question was lodged by Manoj alleging that he is resident of village Gangoli. At about 1 p.m. he alongwith his mother Smt. Ram Devi and younger brother Sanoj had gone to collect potatoes from the field. When they were collecting potatoes, Dharmu and Karmu of village Kurmi Khera stopped them from collecting potatoes and started abusing them and they started assaulting his mother with bricks, iron rod and danda. He ran from there and went to police station Gangaghat and returned alongwith two Constables. He saw that his mother's hand and leg were fractured and his mother told him that apart from Dharmu and Karmu, Daya Ram Chamar, Anil Kurmi and Anil Tiwari and Dilip Tiwari and Vijay Pal had assaulted her. His mother was yelling for water. He after giving her 2 -3 gulps of water went to arrange a tractor alongwith policemen but no -one from the village gave them the tractor and when they returned to the field at about 8 p.m. he found his mother dead. He had enmity with the accused persons relating to some land. The report of the incident was lodged on 14.2.2001 at 11:30 p.m. After registration of the report, Dina Nath Pandey, Circle Officer was entrusted with the investigation of the case. He collected F.I.R. and copy of the G.D. and recorded the statement of Head Moharrir Ram Kumar and reached the place of incident at 2 O' clock in the night. He recorded statement of the informant and on his pointing out he prepared site plan. He proved the site plan which is Ex. Ka -3. He also collected potatoes, four bricks and a danda under recovery memo Ex. Ka -4. Thereafter he entrusted S.I. Saghir Ahmad to conduct inquest proceedings. He prepared Form Ex. Ka -5, inquest report Ex. Ka -6, letter to R.I. Ex. Ka -7, letter to C.M.O. Ex. Ka -8, Photo lash Ex. Ka -9. He arrested the accused Vijay Pal and Anil Tiwari on 15.2.2001, Anil Kurmi on 16.2.2001 and Daya Ram on 17.2.2001 and recorded their statements. Appellants Dharmu and Karmu surrendered in court on 17.2.2001. After conclusion of the investigation, he submitted charge sheet Ex. Ka -10.

(3.) POSTMORTEM on the dead body of the deceased Smt. Ram Devi Kori was conducted by Dr. Shiv Kumar PW -4 on 15.2.2001 at about 2:30 p.m. He noted the following ante mortem injuries.