MANGAL Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred by these two appellants who have been found guilty by Sri S.C.M. Tripathi, learned IV Additional Sessions Judge, Shahjahanpur u/S. 302/34, I.P.C. and323/34 and the learned Additional Sessions Judge was pleased to sentence each of them by his order dated 1-10-1983 in S.T. No. 28/93, to suffer imprisonment for life u/S. 302/34, I.P.C. and six months R.I. u/S. 323/34, I.P.C. Both the sentences were ordered to run concurrently.

(2.) The prosecution case in brief is that there was a pacca road from Jalalabad to Shahjahanpur through the town Kanth. In the township by the side of the road there are shops on both sides of the road and on the east side of the road there is one liquor shop which was shown as 'Sharab Bhatti' in the site plan, (Ext. Ka-16). There is no dispute regarding the liquor shop.

(3.) On 5-11-1982, the deceased Babu Ram and Ram Nath and the prosecution witnesses (P.W. 1) Rama Dhin, (P.W. 3) Ram Roop and (P.W. 4) Vishwa Nath had come to Shahajahanpur and on the same day both of them boarded in a bus and the bus reached its destination Kanth at about 6.30 p.m. They got down from the bus and took tea at the bus-stand and by 8 p.m. they proceeded to their home and on the town Kanth they reached at the liquor shop. All the three accused were present at the shop. Accused Mangal and Majid purchased liquor. There was a petromax burning at the shop. Babu Ram deceased went to the shop and purchased the liquor. Abuses started exchanging between Babu Ram and the accused persons. Ram Nath went to the shop in aid of Babu Ram. Babu Ram restrained the accused from making the abuses. All the accused were armed with Kanta, lathi got up and attacked Babu Ram and Ram Nath. They assaulted and caused hurts to both of them on the road. Vishwa Nath came forward to rescue the injured and he was also beaten. Both Babu Ram and Ram Nath sustained injuries and fell down on the spot and they succumbed to the injuries, P.W. 1 Rama Dheen. P.W. 3 Ram Roop and P.W. 4 Vishwa Nath witnessed the incident of assault committed by the accused persons. Ram Dularey saw both Babu Ram and Ram Nath lying on the spot. He scribed the report of the occurrence that is, Ext. Ka-1 in the light of the petromax. Ram Dularey went to the police station along with Vishwanath and lodged the report. On receipt of the report. Head Moharrir, entered it. (Ext. Ka-2) at about 9.45 p.m. He also made relevant entries in the G.D., carbon copy of the G.D. is Ext. Ka-3. Sri Rajesh Chandra Sharma (P.W. 5) was entrusted with the investigation of the case. He started the investigation soon after the case was registered. He interrogated informant Ram Dularey and the injured Vishwa Nath at the police station. He reached the spot at about 10.30 p.m. The Investigating Officer took into possession and inspected dead bodies of the deceased Babu Ram and the deceased Ram Nath. He conducted inquest proceedings and completed other formalities regarding the despatch of the dead bodies to mortuary at Shahjahanpur for post-mortem examination; inquest report is marked Ext. Ka-4, diagram of dead bodies Ext. Ka-5, Police forma 13 and 33 were marked as Ka-6 and Ext. Ka-7. On 6-11-82, the Investigating Officer inspected the place of the occurrence and prepared the site plan of the spot (Ext. Ka-16). He found blood on the spot and took into his possession blood-stained and plain earth from the two places from the spot. He sealed them separately and prepared two separate memos. Ext. Ka-17 and Ka-18. He also found sandal of the deceased Ram Nath lying near his dead body and took it into possession and sealed it and prepared Ext. Ka-19. He also raided and searched the house of the accused persons but they were not found. He prepared separate memos Ext. Ka-20 and 21 and Ka-22 about the search. On 6-11-1982 at about 3 a.m. Dr. B. P. Sharma. M.O., District Hospital, Shahajahanpur, (P.W. 7) examined Vishwa Nath and found the injuries on his person. Dr. Satya Pal, Surgeon, District Hospital, Shahajahanpur conducted autopsy on the dead body of the deceased Babu Ram at 3.30 p.m. and on the body of deceased Ram Nath at 4.30 p.m. He prepared the post-mortem examination report Ext. Ka-25 regarding Babu Ram and Ext. Ka-26 in respect of Ram Nath deceased. The Doctor found that the injuries were of ante-mortem in nature and due to those injuries both the deceased persons died and also opined that in the ordinary course those injuries were sufficient to cause death.