MAYA RAM Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment and order of conviction passed by Ist Additional Session Judge, Hardoi in Session Trial No.382 of 1989, whereby the appellants have been sentenced to undergo rigorous imprisonment of four years under Section 304/34 IPC and rigorous imprisonment of six months under Section 323/34 IPC.

(2.) DURING the pendency of appeal, the appellant No.3 Shiv Ram and the appellant No.1 Maya Ram both died and the appeal stood abated with regard to them.

(3.) BRIEFLY stated the prosecution case was that the complainant Shiv Raj on 25.01.1988 was irrigating his field from his tube well. The appellant Maya Ram, who was also resident of the same village objected to his taking the water through the channel. When Shiv Raj said that he had always been irrigating his field through this channel, the appellants came armed with "lathis" and started assaulting him. This occurrence took place at 9.00 AM. When Smt. Sarju Devi wife of Shiv Raj, Ram Devi wife of Dwarika, Suresh, Dwarika and others rushed to the spot to save Shiv Raj, they were also assaulted by the appellants with "lathis", as a result of which, they received injuries. The deceased Dwarika fell down after being injured and became unconscious. The occurrence was witnesses by Bahadur, Sri Ram and several other village people. However, soon after the occurrence, the appellants ran away from the spot. The FIR of the case was lodged by the complainant Shiv Raj on the same day at 10.05 hours and a case under Section 308/323 IPC was registered against all the appellants. When Dwarika died in the District Hospital on the same day at 6.00 PM, the case was converted under Section 304 IPC.