RAM LAKHAN Vs. STATE OF U P

JUDGEMENT

(1.) MR . P. C. Srivastava, Advocate, appeared on behalf of appellants. Mr. A. N. Mullah, learned AGA, appeared on behalf of the State and Mr. N. I. Zafri, learned counsel for the complainant.

(2.) THE present criminal appeal has been preferred against the impugned judgment and order of conviction and sentence dated 28/29.5.2010 passed by the Additional Sessions Judge/Fast Track Court, Court No.3, Basti (Now Sant Kabir Nagar) in S.T. No.182 of 2004 arising out of case crime no.603 of 2002, under section 302/34 IPC, Police Station Khalilabad, District Basti (Sant Kabir Nagar) convicting and sentencing the appellants for life imprisonment and fine for a sum of Rs.10,000/ - each in default further one year rigorous imprisonment.

(3.) WE have heard learned counsel for the parties and judgment was reserved on 15.4.2015. The prosecution case in brief is that the first information report was lodged by Ram Nain nephew of deceased Bandhu Yadav on 13.9.2002 at 6.45 P.M. at Police Station Khalilabad. The written first information report was lodged with allegation that informant was permanent resident of village Madhuban @ Bandva, Police Station Takhira, District Sant Kabir Nagar. The informant along -with his uncle Bandhu was coming from the court of Sub Divisional Magistrate after seeing the date fixed before that court on 13.9.2002. When they were going towards their houses a jeep came from behind and hit his uncle (Chacha) Bandhu. The informant jumped and run away, however, his uncle Bandhu fell on side of the road. Thereafter, jeep was driven backward and forward to crash his uncle Bandhu. He saw that in the jeep Ram Lakhan and his son Triyugi Yadav resident of Village Bankatiya, Police Station Khalilabad, District Sant Kabir Nagar were present. There was a dispute regarding the land with them and due to that enmity intentionally they crushed with their jeep causing servious injuries. Thereafter, they went by the same jeep towards Takhira. Subsequently, he made arrangement regarding another jeep and went to Govt. Hospital. The doctor at Khalilabad referred him to Gorakhpur while he was in the way to Gorakhpur, his uncle Bandhu expired. The written report was given and the same was registered at 18.45 O' Clock, which was registered at Case Crime No.603 of 2002 by Head Moharrir Shiv Prasad Pandey and the same was also mentioned at G.D. Report no.51. The original FIR and chick report were missing and as such in pursuance of the direction of the District Judge, the first information report, chick report and copy of the G.D. were reconstructed, which were numbered as Ext. ka -13, 14 respectively. The photo -copy of the written first information report was proved and numbered as Ext. Ka -I. The investigation was started by Mr. Paramhans Ram the then Inspector Incharge, Kotwali Khalilabad. On the same day i.e. 13.9.2002 panchayatnama was prepared. The dead body was sealed and sent for post -mortem through Constable Ram Dev Yadav and Komal Yadav at 8.20 P.M. On the next day i.e. on 14.9.2002 Dr. N. K. Srivastava, who was posted in women hospital, Basti (Sant Kabir Nagar) conducted post mortem on the body of deceased Bandhu Yadav, who was aged about 60 years of age. The post -mortem is Ext. Ka -5. The following injuries were found on person of Bandhu Yadav