HET RAM AND ORS Vs. STATE

JUDGEMENT

(1.) HET Ram Sobha Ram and Ram Lal have filed this appeal against the judgment of Sessions Judge, Farrukhabad, dated August 4, 1972, passed in Sessions Trial No. 114 of 1972 convicting them under Sections 302/34 and 307/44, Indian Penal Code and sentencing them to imprisonment for life and ten years' rigorous imprisonment respectively.

(2.) THE case of the prosecution is that on December 24, 1972 at about 3 a. m. Rati Ram deceased along with his son Rajaram (P. W. 2) and nephew Dwarika (P. W. 3) left their village Uliapur in order to sell potatoes which were loaded in their bullock carts. At about 3.30 a. m. when they had covered a distance at about 3/4th of a mile and were between villages Jhausa and Rampura they were surrounded by the three appellants. All the three appellants were armed with Karaulis and Soba-ram were also armed with a pistol Sobaram gave a lathi blow to Raja Ram and thereafter all the three appellants began to assault. Rati Ram deceased and Raja Ram raised an alarm but before the arrival of witnesses from village Jhausa the appellants left the scence of occurrence.

(3.) THE injuries of Raja Ram and Rati Ram were examined by Dr, Sabir Husain in the District Hospital, Fatehgarh, on December 24, 1971 at 8 p. m. and 8.40 p. m. respectively and the under mentioned injuries were found on their persons: Raja Ram