STATE OF U P Vs. GANGA RAM

JUDGEMENT

(1.) This is an appeal tiled on behalf of the State from the judgment and order dated 21st of January 1981 passed by Sessions Judge Fatehpur in Sessions Trial No. 339 of 1980 State v. Ganga Ram and Ors. acquitting the accused respondents of the charge levelled against them

(2.) Brief facts giving rise to this appeal in nutshell are that Ram Charan Ram Singh and Sighhan were real brothers residing at village Baluwapur. Baluwapur and Gandhrpi are hamlets of village Habsapur Enamity between Lakshmi Narain alias Lallu, the Village Pradhan and Ganga Ram Kurmi resident of village Hafispur Harkaran was going on since long. Ram Singh used to accompany Lakshmi Narain for his security and sleep at his house near him, and on that very account Ganga Ram Kurmi and his associates used to bear grudge against Ram Singh. In the month of February this very year a criminal case under Section 307 IPC was launched against Lakshmi Narain and his associates, and Ganga Ram and his associates were accused of noting etc. Sighhan was a witness against Ganga Ram and his associates in the case of rioting against them. Ganga Ram and his associates threatened Ram Singh several times that he should not work as security guard for Lakshmi Narain otherwise he would be done to death. In the noon of 3rd of July 1979 Ram Charan was grazing his cattle at the canal distributory and his brother Ram Singh was collecting fruits of Mahua tree in his grove. Devi Prasad and his brother Nanhkai were also graying their cattle at the canal distributors at some distance towards east. At about 1.00 p.m. that noon hearing the shricks of Ram Singh, Ram Charan rushed towards his grove and saw that Ganga Ram armed with gun and his brother Uma Shanker along with one Jai Ram with countrymade pistols were chasing Ram Singh and on reaching in the vacant field of Ram Asrey. Ganga Ram fired at Ram Singh with gun hitting him at his chest and all the three miscreants bolted away towards west. Sustaining the fatal injury Ram Singh died on the spot. In the meanwhile Moti Lal, father of the deceased and other co-villagers reached the scene of occurrence. Then Ram Charan went to his village and scribed report of the occurrence and went to police station Bindki situate at a distance of six miles from the place of occurrence and handed over written report of the occurrence to the police there. The police prepared check report on the basis of written report and made entry regarding registration of the crime in the GD (Exts Ka 2 and Ka 3) . SI Sita Ram Arora to whom investigation of the crime was entrusted recorded statement of Ram Charan, the first informant at the police station itself. Then he went to the scene of occurrence. He drew inquest proceedings on the dead body of Ram Singh preparing inquest report (Ext Ka 7) and other necessary papers (Exts Ka 8 to Ka 10) and handed over the dead body in a sealed cover alongwith necessary papers to constable Brij Pal Singh and village chaukidar Ram Autar for being taken for its post mortem. Then he inspected the place of occurrence and prepared its site plan map (Ext Ka 11) . He also collected blood stained and simple earth from the scene of occurrence and prepared its memo (Ext Ka 12) . Since none of the eye witnesses was available at that time, he recorded the statements of witnesses next morning. Then he arrested accused Ganga Ram and Uma Shankar from their house and accused Jai Ram from his field and went back to police station taking them.

(3.) Autopsy on the dead body of Ram Singh conducted by Dr Jagdish Saran Rai. Medical officer District Hospital Fatehpur on 4th of July 1979 at 2:15 p.m. revealed below noted ante mortem injuries: 1. Gun shot wound 3/4 x 3/4 x cavity deep on front of chest 3" away from left nipple at 7 O'clock position with margins lacerated and inverted Blackening and tattooing was found present around the wound. On internal examination left lung and pleura, heart and pericardium were found lacerated. Stomach contained 4 oz semi digested food. The doctor opined that the death was caused, due to shock and haemorrhage as a result of ante mortem injury about one day ago. The doctor removed six big pellets and wadding pieces from inside the injury.