RAJ KARAN Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgement and order dated 31-8-79 passed by Sri D. N. Sharma, III Additional District and Sessions Judge, Varanasi in S.T. No. 81/79, wherein he was pleased to convict Ram Viriksh, Ram Surat and Ram Gulam u/S. 147 I.P.C. and 323/149 I.P.C. and sentencing them each to R.I. for a period of one year and nine months respectively and convicted appellant Raj Karan u/S. 147 I.P.C. and 302 I.P.C. to undergo R.I. for one year and R. I. for life imprisonment respectively.

(2.) The prosecution case in brief is that on 7-12-74, complainant Ram Agya, (deceased) Bhagwan Das, Moti, Yogendra and Mitthoo were on patrolling duty in the plantation and at about 1 P.M. they saw cattle of village Baigarh grazing in the plantation. They drove the cattle tres-passing on the plantation for taking them to the cattle-pound, Naugarh, where they were intercepted by the accused and several other persons of village Baigarh and all of them challenged, they were saying "MARO SALO KO NA RAHAYGI BAS NA BAJAGI BASIIRI". At this saying accused Raj Karan struck lathi blow on the left side of the neck of the (deceased) Bhagwan Das and as a result of which he was injured and fell on the ground and thereafter the accused persons snatched the cattle and went away.

(3.) After the occurrence, Bhagwan Das was taken Chakiya hospital and Mitthoo Ram and Ram Agya proceeded to Naugarh P. S. for lodging an F.I.R. Bhagwan Das was then taken to District hospital, Varanasi where he succumbed to his injury next day at 6.10 A.M. On the day of occurrence at 6 A.M. complainant Ram Agya lodged a written report of the occurrence which is Ext-Ka-3, Head Moharrir Tarkeshwar Singh drew up the F.I.R. Ext-Ka-6 and registered a case in the general diary. Thereafter the investigation of the case was entrusted to S.I. Chhotey Lal Sumen. On 10-12-74 he recorded the statement of the complainant Ram Agya in the village Chikni and the same day he inspected the scene of occurrence and prepared a site plan which is Ext-Ka-4 and thereafter he was transferred. The investigation of the case was thenentrusted to S.I. Raj Bahadur Singh (P.W. 3). On 25-3-76 he recorded the statements of Ganga Ram (P.W. 1), Moti (P.W. 2) and Yogendra and the same day on the completion of the investigation, charge-sheet Ext-ka-1 was submitted against the accused persons and the learned Magistrate took the cognizance u/S. 302/147/323/149 I.P.C. and committed the case to the Court of Sessions and thereafter the III Additional Sessions Judge, Varanasi upon holding the tria1 and on due hearing of both sides framed the charges at the trial against all the accused persons.