KHAG RAM Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal has been pre ferred by the appellants against the judgment and order dated 3 -8 - 1985, passed by the then Sessions Judge, Almora, in S. T. No. 01/1985, whereby the accused/appellants were held guilty for the offences U/ss 147, 302/149, 307/149 and 323/149 I. P. C. and each of them was sentenced to undergo life imprisonment U/s 302/149 I. P. C. ; one years R. I. U/s 147 I. PC. ; five years R. I. U/s 307/149 I. PC. and six months R. I. U/s 323/149 I. P. C. However, all the sentences were to run concurrently. Co -accused Ratan Ram and Ramesh Ram S/o Ishwari Ram were found not guilty and acquitted of the charges levelled against them.

(2.) THE prosecution version which led to the trial of the accused/appellant is as follows : Chani Ram deceased was resident of Village Amoli. The accused/appel lants (hereinafter called the appellants) are also the residents of the said village. The deceased Chani Ram was in jail in connection with a case under Section 302 I. P. C. for committing the murder of one Dharam Ram. He was acquitted by the Sessions Court, Almora on 15 -11 -1984 and was released from the jail. In the morning of 16 -11 - 1984 Chani Ram along with his brother Jagdish Ram and his son Girish. Ram reached Garur from Almora by bus and from Garur these three persons were proceeding on foot for their village Amoli, When they reached at Dhautara Toke of Village Silli, the appellants along with co -ac cused Ratan Ram and Ramesh Ram S/ o Ishwari Ram, who were hiding them selves in the bushes armed with Lathis, came out and started beating Chani Ram, Jagdish Ram and Girish Ram with their weapons. Jagdish Ram and Girish Ram anyhow escaped them selves, while Chani Ram received seri ous injuries and fell down on the spot. According to the prosecution the appel lants were inimical to Chani Ram as ap pellants Khag Ram and Pad Ram along with some other persons were prosecu tion witnesses in the murder case against Chani Ram.

(3.) THE first information report of the occurrence was lodged by Jagdish Ram, the brother of deceased Chani Ram, at Patwari Chauki Patali on 16 - 11 -1984 at 1. 20 P. M. The Patwari reg istered the case under Sections 307/147 I. PC. against the accused persons and prepared the chick F. I. R. , Ext. Ka. 2. The Patwari Mohan Chandra Tiwari re corded the statements of witnesses Girish Ram and Jagdish Ram. These injured witnesses were having injuries on their persons; hence the I. O. sent them to RH. C. Baijnath along with his peon for medical examination. As the doctor was not available in P. H. C. Baijnath, the injured were sent to P. H. C. Bageshwar, where they were medically examined by the doctor. The I. O. went at the spot where Chani Ram was fell injured. The I. O. inspected the place of occurrence and prepared site - plan, Ext. Ka. 6. He also took into pos session the blood -stained and plain earth from the place of the occurrence vide recovery memos Ext. Ka. 14 and Ka. 15 respectively and sealed the same in two packets. The I. O. found injuries on the person of Chani Ram and on in quiry from him it was found that he was in a position to give statement. Hence Chani Ram gave his dying dec laration in the presence of Naib Tehsildar, Qanoongo Kausani Narendra Pratap Singh, Tara Dutt Pandey and Bhim Singh Rana Patwari of Garur Cir cle. The dying declaration of the de ceased, Ext. Ka. 7, was recorded by Patwari Bhim Singh Rana. The state ment was read over to the deceased and thereafter he put his thumb impres sion on it. The I. O. sent Chani Ram to P. H. C. Bageshwar through his peon where he was declared dead by the doctor the same day, i. e. on 16 -11 -1984. The I. O. converted the case un der Sections 307, 302, 323, 147 I. P. C. On 17 -11 -1984 the I. O. arrested the appellants. On interrogation, each of the appellants Ramesh Ram, Puran Ram, Bala Ram, and Pad Ram handed over him the Lathis whereas appellant Khag Ram and co -accused Ratan Ram both handed over one Lathi and one bag each used by them in the incident and prepared memo of recovery Ext. Ka. 8 to Ext. Ka. 13. (Lathis have been marked material exhibits Ka. 6 to Ka. 11 and the bags as material exhib its 2 and 3 ). The inquest on the dead body of Chani Ram was performed by S. L. Verma, S. I. , P. S. Bageshwar at Police Station, Bageshwar and he pre pared the inquest report, Ext. Ka. 16. He sealed the dead body and wrote letter to Supdt. P. H. C. Bageshwar, prepared challan dead body, sketch map of dead body and police form No. 33, Exts. Ka. 17 to K. 20 respectively and sent the dead body for post mortem ex amination to P. H. C. Bageshwar. The I. O. on completion of investigation, submitted charge sheet Ext. Ka. 15 against the accused persons.