STATE OF U P Vs. RAM NANDAN

JUDGEMENT

(1.) RAM Nandan, Roop Narain, Panna Lal and Lallan were tried and acquitted under section 302 I.P.C. read with section 34 I.P.C. by Sessions Judge Varanasi vide his judgment and order dated 23.4.1981 in S.T. No. 253 of 1980. Government Appeal No. 1687 of 1981 has been filed by the State against the acquittal of the accused. Criminal Revision No.1021 of 1981 has been filed by Chhotey Lal against acquittal. Ram Nandan and Lallan were real brothers. Both of them have died during pendency of the appeal and the same abated in respect of them under order dated 28.2.2005. Presently, this appellate court is concerned with the remaining two accused respondents Roop Narain and Panna Lal, both sons of Lallan.

(2.) THE broad features of the prosecution case may be set forth. The incident occurred on 28.5.1980 at about 9 P.M. in village Mahgaon(Jogapur), Police Station Rohania, District Varanasi. F.I.R. of the incident was lodged the same night at 0010 hours (29.5.1980) by Ram Jeet PW 1 - -brother of the deceased Kali Charan. The murder allegedly took place on the tubewell channel near Hanuman Ji Temple at a distance of about one furlong from the abadi of the village aforesaid. That morning Kali Charan had gone to the tubewell for taking water to irrigate his field. There exchange of hot words took place between him and accused Ram Nandan. Kali Charan then came back to his house. The same night at about 9 P.M. Lallan accused came to his house and had some talks with him. Kali Charan then went in the company of Lallan towards the sough where the said temple of Hanuman Ji was situated. Lallan had lathi in his hand which caused suspicion in the mind of Ram Jeet PW 1 (elder brother of the deceased) and he followed them. Reaching near the Hanuman Ji Temple, he saw the deceased and Lallan smoking Biris near the water channel of the tubewell. Almost at the same time, the remaining accused emerged from nearby Dharamshala. Ram Nandan was armed with Gandasa; Roop Narain had a spear and Panna Lal had a lathi . Then all the four accused started assaulting Kali Charan with their respective weapons. Kali Charan raised alarm, attracting Raj Bali PW 2, Ram Dhani PW 3, Chhotey Lal PW 4, and Ram Dular. By the time they arrived, Kali Charan fell to the ground. The accused then ran away after giving further blows to Kali Charan who had fallen on the ground. After the departure of the accused from the scene of occurrence, Ram Jeet and other persons who had reached there went near Kali Charan to find him dead. Ram Jeet then came to this house with Chhotey Lal, leaving the dead body at the scene of occurrence under the supervision of remaining witnesses. There he got the report scribed by Chhote Lal and took the same to the Police Station where he lodged it. The investigation was taken up by S.O. Shivesh Chand Misra PW 7. He came to the spot to start investigation. The dead body of Kali Charan was found on the channel of the tubewell where many people had assembled. Because of non -availability of proper light, the inquest report was prepared after it had dawned. The dead body was sent for post mortem after being sealed.

(3.) THE post mortem was conducted by Dr. V.K. Varma PW 6 on 29.5.1980 at 3.30 P.M. The deceased was aged about 50 years and about - -1 day had passed since he died. The following ante mortem injuries were found on his person: