STATE OF U P Vs. RAM SANEHI

JUDGEMENT

(1.) The accused -respondents, Ram Sanehi and Ram Vilas were tried in S.T. No. 121 of 1980 before the Sessions Judge, Mainpuri for the offence punishable under Section 304 IPC read with Section 34 IPC. By judgment dated 28 -9 -1981, he acquitted them and the State has preferred this appeal there against. During the pendency of the appeal, Ram Vilas died and the appeal abated respecting him under order dated 16 -10 -2003. The appeal, therefore, survives only in respect of other accused - respondent Ram Sanehi.

(2.) THE death of one Asgar was caused in this incident which took place on 17 -3 -1979 at about 3.00 p.m. in Nagla Kothi, hamlet of village Habans, Police Station Alau, District Mainpuri and the F.I.R. was lodged on 18 -3 -1979 at 12.30 a.m. at Police Station Kotwali, Mainpuri by Kamaruddin PW 1 who claimed himself to be an eye -witness. The case, as unfolded at the trial, was like this. The deceased Asgar was co -sharer with the accused Ram Sanehi growing sugarcane crop in one plot of this accused Ram Sanehi. Asgar owned a sugarcane crushing Kolhu which he had installed in his village Nagla Kothi and he used to crush sugarcane of other persons also against payment. On the fateful day at about 3.00 p.m., Asgar was there at his Kolhu. His cousin Kamaruddin PW 1 was picking green fodder in his adjacent plot. Both the accused Ram Sanehi and Ram Vilas came there. Ram Sanehi was armed with Hansiva i.e. sickle and questioned Asgar as to why he had not yet crushed his sugarcane. Asgar replied that his bullock was ill and for this reason be could not crush his sugarcane. Altercation took place between the two with trading of abuses. Then Ram Sanehi asked his companion Ram Vilas to catch hold of Asgar. Ram Vilas caught of Asgar and Ram Sanehi struck Hansiya blows on him, causing injuries to him in his abdomen and the fingers/palm of his right hand. On being assaulted, Asgar raised alarm attracting his cousin Kamaruddin PW 1, Nakse, Nabibux PW 2 and a few others. They challenged the accused and tried to apprehend them, but they made their escape good by running from the spot. Kamaruddin PW 1 then took the injured Asgar from the place of occurrence to Kusmara and therefrom to Mainpuri city where he got him admitted in the District Hospital.

(3.) KAMARUDDIN PW 1 prepared a written F.I.R. and he lodged the same at Police Station Kotwali Mainpuri, District Mainpuri. Connected papers were transmitted to the concerned Police Station. Initially, the case under Section 307 IPC was registered. Investigation was taken up by R.K. Mishra PW 4. He went to District Hospital, Mainpuri and interrogated the injured, complainant and other witnesses. Asgar remained in the District Hospital Mainpuri for about 4 days and he ultimately succumbed to his injuries at 1.00 a.m. on 21 -3 -1979. A memo was sent to Police Station Kotwali for preparation of inquest report of the deceased Asgar. S.I. R.K. Gupta PW 6 was deputed for the purpose. After drawing inquest report of the deceased and preparing other necessary papers, the dead -body was sealed and sent for post - mortem which was conducted by Dr. A.N. Saxena PW 3 on 21 -3 -1979 at about 3.45 p.m. The case was converted under Section 304 IPC.