(1.) This appeal has been preferred against the judgment of conviction and punishment dated 25.8.1983 passed by Sessions Judge, Pilibhit in S.T. No. 116 of 1982, State v. Baburam and three others , under sections 302/34 and 323/34 IPC. By this judgment, each of the four accused were convicted for charge under section 302/34 IPC with imprisonment for life, and for the charge under section 323/34 IPC with rigorous imprisonment for one year; with direction that both the sentences shall run concurrently.
(2.) Prosecution case in brief is that on 5.2.1982 at about 5:30 p.m., complainant Mewa Ram was sitting in front of his house in village Dodpur, police station Madhotanda, District Pilibhit along with his grandfather Girdhari Lal and uncles Ram Autar, Tilak Ram and Umashankar. The four accused Babu Ram, Ram Lal, Prem Raj and Sita Ram armed with lathies and other weapons came there and attacked the complainant and his family members causing injuries to all of them. On alarm raised by them Prem Raj and others came on spot. Due to injuries causes by accused persons Ram Autar and Prem Raj fell down on the spot and died. Injuries were also caused to Mewa Ram, Tilak Ram and Umashankar. Thereafter accused escaped from spot. FIR of the incident was lodged on same day at 6:30 p.m. After investigation charge-sheet was filed against four accused persons. Sessions Court framed charges under section 302/34 and 323/34 IPC. The prosecution adduced oral as well as documentary evidences, after which opportunity to defence was given but no evidence was adduced. After affording opportunity of hearing, Sessions Judge, Pilibhit passed judgment dated 25.8.1983 by which all the four accused were convicted for offence under section 302/34 and 323/34 IPC and were sentenced to imprisonment for life for charge under section 302/34 and with imprisonment of one year for charge under section 323/34. All the four accused have preferred this appeal against judgment dated 25.8.1983 of the trial court. During pendency of appeal, three accused-appellants namely Babu Ram, Ram Lal and Prem Raj had died, and present appeal is being heard for sole surviving appellant, namely Sita Ram.
(3.) Learned counsel for the appellant had contended that he had nothing to submit regarding facts relating to charged incident, which has been rightly found proved by trial court, but his submission is that even if prosecution case and evidence in that regard are taken to be true in its entirety, the conviction should have been made for offence of culpable homicide not amounting to murder punishable under section 304 IPC and not for the offence under section 302 IPC. His submission is that there is no error or infirmity in judgment of conviction and sentence for the charge under section 323/34 IPC, but in any case the conviction u/s 302/34 IPC should be modified.