RAM ADHAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Accused Radhey Shyam, Munni Lal, Sri Ram, Ram Adhar, Jai Ram Nanhku and Firtoo have been convicted on a charge u/s 147 IPC and sentenced to undergo one year's R.I. They have again been convicted on a charge u/s 323, read with Section 149 IPC and sentenced to undergo one year's R.I. Further they have been convicted on a charge u/s 325/149 IPC and ordered to undergo 3 year's R.I. Further, they have been convicted on a charge u/s 304/149 IPC and sentenced to undergo 10 year's R.I. All the sentences have been ordered to run concurrently. The aforesaid two appeals arise out of the same order and judgement dated 8-3-91 passed in S.T. No. 146/88, State v. Radhey Shyam and 6 others, P. S. Pawai, Distt. Azamgarh of the same district.

(2.) The prosecution case stared on the basis of the FIR dated 17-9-87 lodged by Ramjit at P. S. Pawai at 10.30 hrs. The incident is said to have taken place in the same evening at about 4 P.M. The place of occurrence is about 41/2 miles from the police station. It has been alleged that on 17-9-87 at about 4 P.M. small children of the house of Jhuri were fishing in the tank of the complainant. The complainant's uncle Balai (deceased) asked them to run away and leave fishing. Thereafter, the accused Radhey Shyam, Jai Ram, Shri Ram, Ram Adhar, Munni Lal and Nanhku along with Firtoo arrived there, armed with lathi-dandas and bamboo Patthas (a little pointed wooden weapon). They started assaulting Belai with their weapons. Balai cried and went towards the house. But the accused surrounded him and assaulted him in the field of Jiya Lal. On hearing the alarm, Rama Kant, Jagannath and others arrived there to the rescue of Balai. But they too were assaulted. The village people intervened and saved the life of the persons on the complainant's side. In their self-defence, the prosecution side also wielded weapons.

(3.) On the basis of the written FIR, the case was registered in the G.D. by Constable Sharda Prasad originally u/s 308 IPC at 17.30 Hrs. The injured person were referred for medical examination. On 19-9-87, the message was received that Balai had died as a result of injuries. Therefore, the case was converted into one u/s 304 IPC byHead Constable Sheel Babu Ram, P.W. 4. The injures persons were medically examined. Ramjit had received 4 injuries, all traumatic swellings. Rama Kant had received one traumatic swelling and one abraded contusion. Jagannath had received one lacerated wound, two abraded contusions and one contusion and a traumatic swelling. All these injuries were caused by hard blunt weapons. Balai post-mortem report dated 18-9-87 shows that he had received, in all, 13 injuries, out of which, injury No. 4 was punctured wound 3 cm 11/2 cm into mouth cavity deep, 3 cm medial from left ear on face. Other injuries were lacerated wounds on the scalp and other parts of the body. There were four contusions. The pleura was found lacerated. 4th, 5th, 6th, 7th and 9th ribs were found fractured under the injuries and the death was caused due to cumulative effect of ante-mortem injuries received and shock and haemorrhage resulting thereon. The injuries reports have been incorporated in detail in the judgement of the learned Sessions Judge. Therefore, they are not being repeated.