RAMESHWAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Rameshwar has filed this appeal against his conviction under S.302, I.P.C., and sentence of life imprisonment awarded by Sri Surya Prasad, 2nd Additional Sessions Judge, Banda, by his order and judgment dated 30-10-1976.

(2.) Briefly stated the prosecution case is that the deceased Tedha and the appellant Rameshwar belonged to village Chipli, Police Station Kotwali, District Banda. It is alleged by the prosecution that on 4-12-1975 at about 8 a.m. the deceased accompanied by his wife Smt. Paragiya went to his Ghoor outside the village Abadi and there ensued an "altercation between the deceased and the appellant Rameshwar in connection with the Ghoor. The deceased charged Rameshwar appellant that he had encroached upon some portion of his Ghoor on one hand and on the other hand, Rameshwar accused the deceased to have intruded into some portion of his Ghoor. The altercation between the deceased and the appellant continued for some time and ultimately the appellant Rameshwar started belabouring the deceased Tedha by means of Lathi. Tedha the deceased on sustaining Lathi's injuries, fell down on the ground and became unconscious. After the occurrence was over, Smt. Paragiya took the deceased to her house.

(3.) An oral report of the occurrence was lodged at Police Station Kotwali Banda at 12-35 p.m. on 6-12-75, by Smt. Paragiya and on the basis of her report, a Chik report was prepared by Mohammad Mustafa Head Constable. A case was also registered under S.308, IPC against the appellant. In the report, it was stated by Smt. Paragiya that she could not come to the Police Station earlier, as nobody in the village had come forward to lend help to her and that it was after the help extended by Pandit Ram Manohar and Bachcha that she could come to the police station today with her husband on a bullock cart. After the registration of the case, the deceased Tedha was sent to the District Hospital Banda for treatment. Doctor Y.K. Joshi, examined the deceased on 6-2-1975 at 4.10 p.m. and found the following injuries on his person. 1. Lacerated wound 2.5 cm x 1.5 cm X bone deep, on the left frontal region anterior and posteriorly situated 5 cms above from left eyebrow middle. 2. Lacerated wound 3 cms X 1 cm x bone deep on the left parietal region anterior posteriorly situated 7 cms above from left ear. 3. Contused swelling of the left temporal region 5 cms X cms over the left Zygomate and anterior end of left ear. Bluish colour around the left eye.