RAM BABU Vs. STATE

JUDGEMENT

(1.) Both these jail appeals i.e. [Jail Appeal No.7356 of 2006-Ram Babu] and [Jail Appeal No.1318 of 2007-Lalta Prasad] arise out of same judgment, therefore, the same are being disposed of by a common order.

(2.) The aforesaid jail appeal no.7356 of 2006 has been preferred by appellant Ram Babu and the other jail appeal no.1318 of 2007 has been preferred by the appellant Lalta Prasad challenging the judgment dated 31.03.2006 and order dated 01.04.2006 passed by learned Additional Sessions Judge/F.T.C. Court No.1, Ballia, in Sessions Trial No.3 of 2004, arising out of Case Crime No.333 of 2003, under Sections 302 read with 34 IPC, Police Station Kotwali, District Ballia, whereby both the appellants were convicted for the offence under Section 302 read with 34 IPC and were sentenced to undergo imprisonment for life and also with fine of Rs.1000/- with default stipulation of six months additional imprisonment. However, they were acquitted of the charge under Section 504 IPC.

(3.) In brief, the facts of the case are that the complainant Ram Kumar lodged an FIR at the police station Kotwali District Ballia on 24.08.2003 at 20:15 hours alleging therein that on 24.08.2003 at about 5.30 p.m. he alongwith his brother Ram Kumar Gupta alias Munna Gupta had gone on their motorcycle to Kadam Chauraha to demand their money from the appellant Ram Babu, which was advanced by them. During course of the conversation for the return of the said advanced money appellant Ram Babu and his father Lalta Prasad started abusing the complainant. Some altercation took place and suddenly both the appellants with their knives, gave blows to Raj Kumar alias Munna Gupta. This incident is alleged to have taken place in front of a tea shop of Anil Gupta. Being injured with the blows of knife Ram Kumar Gupta fell down and the complainant made an effort to rescue his brother but the persons who were present there caught hold of him. The incident is alleged to have been seen by Punna Singh and several other persons. The injured Raj Kumar was immediately taken to Sadar hospital, Ballia where he succumbed to the injuries and thereafter the complainant got the FIR of this case scribed by Punna Singh and lodged the same at the police station which was registered at 20:15 hours. During course of investigation the inquest proceedings took place. The dead body was sent for postmortem which took place on 25.08.2003 at 4.30 p.m. at District Hospital, Ballia and following injuries were found on the person of the deceased:-