RAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -These two appeals arise out of the judgment dated 9.2.1981 passed by the Ist Additional Sessions Judge, Budaun in Sessions Trial No. 62 of 1979. They are being decided together by this judgment. Ram Singh has been convicted under Sections 302 and 307, I.P.C. He has been sentenced to life imprisonment for the former offence and five years' rigorous imprisonment for the latter. Both the sentences have been ordered to run concurrently. The other four accused Rajendra Singh, Ravendra Singh, Raghvendra Singh and Jangi Singh have been acquitted. Accused Rajendra Singh and Jangi Singh died during the pendency of the appeal and as such Government appeal in respect of them abated under order dated 29.3.2005. Presently this appellate court is concerned with Ram Singh in the represented appeal and Ravendra Singh and Raghvendra Singh in Government Appeal.

(2.) THE incident took place on 20.12.1978 at about 4.30 p.m. in village Harganpur, P.S. Bilsi, District Budaun and the F.I.R. was lodged the same day at 7.30 p.m. by an eye-witness Babu Singh P.W. 1. One Bhikam Singh died in the incident and Netra Pal Singh, Brij Raj Singh, Chhotey Singh, Prithi Singh and Km. Neksu sustained injuries.

(3.) POST-mortem over the dead body of the deceased Bhikam Singh was conducted on 21.12.1978 at 3 p.m. by Dr. V. P. Kulshreshtha P.W. 3. He had received following ante-mortem injuries on his body :