RAM KISHAN AND ORS. Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 30.10.1982 passed by the learned VIII Additional Sessions Judge, Mainpuri in Sessions Trial No.218 of 1981 (State vs Ram Kishan and others), under section 304/34 IPC, PS Kurawali, district Mainpuri, whereby all the accused appellants have been convicted and sentenced to five years' rigorous imprisonment each under section 325/34 IPC and one year's rigorous imprisonment each under section 323 IPC.

(2.) In short compass, the prosecution story as unfolded by the prosecution is that on 14.07.1980 the cattle of accused persons Ram Kishan, Ram Autar and Tej Singh had grazed the maize crop of one Pyare Lal. At about 6.00 p.m., on the said day, Pyare Lal made a protest against the said grazing, on which all the accused persons, who were sitting under the neem tree, in front of the house of Lakhan in the village, began to beat him. They caused injuries on the head, thigh and leg of Pyare Lal. Ram Autar is stated to have caused a lathi blow on the head on account of which Pyare Lal fell down on the ground. The occurrence is stated to have been witnessed by Ganga Din, PW-2, Bishan Dyal, PW-3, Smt. Umedi, wife of Pyare Lal, PW-4 and others and on their interference the accused fled away. Pyare Lal was brought to his home and in the morning, he was taken to hospital. Ganga Din, leaving Pyare Lal, who was unconscious, reached the police station Kurawali and lodged a non-cognizable report Ext. Ka-2 at 9.20 a.m. On 15.07.1980. A case under section 323/427 IPC was registered at G.D. No. 12 (Ext. Ka-14) by Constable Deep Chandra, PW-9). The injuries of Pyare Lal were examined by Dr. N.B. Gupta, PW-8 at 9/10 p.m. who found two injuries on the body of Praye Lal. Injury No. 1, a lacerated wound on the skull which was dangerous and as the condition of Pyare Lal was deteriorating he referred the case vide his report report Ext. Ka-13 to Superintendent District Hospital, Mainpuri on the same day. Praye Lal was taken to Mainpuri but after admitting him in the hospital he was advised to be taken to Delhi or Agra for expert treatment. On the third day Pyare Lal was taken to Delhi in a car by Ganga Din etc. but a little ahead to Khurza, he died, as such he was taken back to the village and information of the same was sent to police station Kurawali on 18.07.1980 and at G.D. No. 12 at 11.20 a.m. Shri Jagdish Prasad, S.I., PW-7 proceeded for investigation, prepared inquest as Ext. Ka-7 and other papers regarding post-mortem as Ext. Ka-8 to Ext. Ka-11 and sent the dead body of Pyare Lal for post-mortem through Constable Nanak Chandra and Tara Chandra. The post-mortem on the dead body was conducted by R.K. Jain, PW-1, who found a lacerated wound on the head of the deceased and was of the opinion that he died on account of the said head injury and coma. On receipt of post-mortem report the case was converted from 323 IPC to 304 IPC by Constable Clerk Ram Charan Singh, PW-5 on 03.08.1980, vide G.D. Ext. Ka-3. After necessary investigation Sri S.N. Saxena, PW-6 submitted the charge-sheet Ext.Ka-4 against the accused persons.

(3.) Charges under section 304 read with 34 IPC were framed against the accused to which they pleaded not guilty and stated that they have been falsely implicated due to enmity. Ram Autar has stated that in the evening he was coming with his cattle through the pathway which is in front of the house of Pyare Lal. Pyare Lal, Ganga Din, Balwant and Lakhan, who were drunk had beaten him and his father Ram Sahai and have falsely implicated them to save their own skin. He also stated that his as well as his father's injuries have been medically examined and he has also lodged a report at the police station.