MURAT RAM MURAT Vs. STATE OF U P

JUDGEMENT

(1.) Murat alias Ram Murat has preferred this appeal against the judgment and order dated 24.1.1979 passed by V AddI. Sessions Judge, Varanasi in Sessions Trial No. 109 of 1978 whereby the appellant has been convicted under Section 302/341 I.P.C. and also under Section 302 I.P.C. simplicitor and sentenced to imprisonment for life on both counts and also under Section 307 I.P.C. and sentenced to ten years' RI. (sentences directed to run concurrently). The first charge against the appellant was that on 16.1.1978 at 5 P.M. he shared the common intention along with brother Puranmasi to kill Bachcha Ram Yadav and others and in furtherance of the said common intention Puranmasi committed the murder by intentionally shooting at and causing death of Bachcha Ram Yadav and thereby committed an offence punishable under Section 302/34 I.P.C. The second charge against the appellant was that in the said incident the appellant caused the death of Smt. Dhiraji wife of Bachcha Ram Yadav by causing her death by intentionally causing spear injury as a result of which she died on the way to ;the hospital. For this the appellant was charged with the offence punishable under Section 302 I.P.C. simplicitor. The third charge against the appellant was that in the same incident he caused injuries with spear to Rajnath P.W. 7 with intention to cause his death, who survived and thereby committed an offence punishable under section 307 I.P.C.

(2.) The prosecution case, in brief, was that informant P.W. 1. Deonath and the appellant Murat are residents of the same village Dhudhuwa, police-station-Chaubepur, district-Varanasi. The other accused Puranmasi is the real brother of the appellant. Purnmasi died during the trial. The house of P.W. 2. Mehlad is practicularly adjoining. The deceased Bachcha Ram Yadav is the real brother of the informant. The other deceased Smt. Dhiraji is the wife of this deceased BachchaRam Yadav. Similarly, P.W. 7, Rajnath, the injured witness, is also brother of the informant and the deceased Bachcha Ram Yadav. The prosecution case further is that enmity existed between the families of the appellant and that of the informant and some litigation had already taken place between them. On the fateful day, i.e. on 16.1.1978 the ladies of the house of the accused had abused and beaten the sister of the informant Smt. Israji, P.W.11. About this incident Smt. Israji lodged an F.I.R. at the police-station Chaubepur on the same day at 2.45 P.M. because she was a victim and had received injuries. Lodging of this F.I.R. caused sufficient annoyance to the two accused and around 5 P.M. on 16.1.1978 the appellant armed with a spear and co-accused Puranmasi (dead during the trial) armed with his gun came to the house of the informant where the informant, his another brother Rajnath, his brother Bachcha Ram deceased, his sister-in-law (Bhabhi) Smt. Dhiraji, the other deceased, were working at their door. Puranmasi and Murat started hurling abuses which was resisted by the deceased Puranmasi. Immediately thereupon the co-accused Puranmasi fired from his gun which hit Bachcha Ram Yadav who fell down. At this the informant Rajnath and Smt. Dhiraji rushed to apprehend the accused at which the appellant Murat assaulted Rajnath and Smt. Dhiraji with his spear and when the other persons, namely, Ram Swarup Dular P.W. 8 and Mehlad, P.W. 2. and several other villagers tried to apprehend the accused they threatened them to kill if they dared to come near. Thereafter both the accused fled away.

(3.) According to the prosecution, an F.I.R. was lodged by Deonath, P.W. I at the police-station Chaubepur on 16.1.1978 at 6.45 P.M. It is said that all three victims were carried to the policestation. P.W. 12 Sriram, S.H.O. was present at the police-station when this F.I.R. was lodged. He immediately interrogated all the three injured as also informant. The statements of the two deceased Bachcha Ram Yadav and his wife Smt. Dhiraji was proved during the trial as dying declaration of the two deceased being admissible under Section 32 of the Evidence Act, marked Ext. and Ka. 15 and Ka. 16. The Investigating officer made arrangements for sending the three victims to the hospital but in the meantime the two deceased died. However, Rajnath was medically examined by Dr. Anil Kumar, P.W. 5. on 16.1.1978 at 8.45 P.M. is S.S.P.G. hospital, Varanasi. He found one incised would, 1 cm x 1/2 cm. x depth not probed on the right side of chest at 3 OClock position, 7 cm, medial to right nipple. The said injury was kept under observation. According to the statement P.W. 7, Rajnath was remained hospitalised for about a week.