RATI RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Criminal appeal No. 115 of 1980 has been preferred by Rati Ram and 2 others while Criminal Appeal No. 1011 of 1980 has been preferred by Rati Ram alone as Jail appeal on behalf against the judgment passed by Sri H.C.Shukla. V Addl. Sessions Judge, Hamirpur dated 20-11-1979, convicting Rati Ram under S.302, IPC and sentencing him to imprisonment for life and convicting Murlidhar and Chhakki Lal, appellant Nos. 2 and 3 under Sec. 323 read with S.34 IPC sentencing them to six months R.I.Both the appeals are connected.

(2.) The prosecution case is that on 9-6-1978 at about 12 a.m. Ghana Ram's Daughter-in-law Smt. Kirti and daughter Smt. Kasturi were talking both at Sunder Lal's well. Ghane Ram's son Murlidhar went to the well with his bullocks to make them drink water. A puppy also went with Murlidhar, appellant. Murlidhar, appellant No. 3 was taking bath at the well. The puppy barked at Murlidhar, appellant. Murlidhar s/o Ghane Ram beat the puppy. Thereupon, Lalji protested and a verbal quarrel ensued. Thereafter Murlidhar went to his house which is at a distance of 25 paces from the well. He returned along with his brothers Chakki Lal and Rati Ram. Chakki Lal was armed with lathi and Rati Ram was armed with an axe. All the three accused appellants began to abuse Lalji. In the mean time. Ghana Ram and his brother Sura also arrived at the well and protested why the accused persons were hurling abuses. Thereupon, Rati Ram gave a blow of axe on Lalji. Appellants Chhakki Lal and Rati Ram began to beat Lalji who also plied lathi in self-defence. Thereupon, the appellants fled away to their house: The occurrence took place in village Aunta which is 5 1/2 miles from PS Rath Distt. Hamirpur. Ghana Ram arranged for a bullock cart and took his son Lalji to hospital. Lalji died at the gate of the hospital. FIR was lodged at the police station which was recorded by Head Constable Sri Ram Abhilash Shukla at PS Rath. On the basis of the report the case was registered under Section 302, IPC Sri Lallu Singh, Sub-Inspector of Police started the investigation the same day. He recorded the statement of Ram Abilash Shukla, panchayatnama was prepared after calling the witnesses in their presence, "Khaka Lash" and challan 'Lash' were prepared. Letter for post mortem was written and sent to the Medical Officer, Rath. Separate letter was also sent to the Medical Officer Rath for taking the underwear from the body. The Investigating Officer took the bush-shirt etc. from the dead body. Memos were prepared. Blood-stained shirt of Ghana Ram was also taken and memo was prepared. The Investigating Officer visited the place of occurrence at village Aunta, recovered the blood-stained and plain earth from the place of occurrence. Memo of recovery of earth and blood-stained earth was prepared by him. The Investigating Officer recorded the statements of Smt. Kirti and Smt. Kasturi in their village. The witness of panchayatnama was also examined under S.161 Cr. P.C.The accused were not traceable in their vi1lage, local inspection was made, inspection notes and site plan were prepared by the Investigating Officer. The articles recovered from the village were sealed which were deposited at the police station on Investigating Officer's return there. The Investigating Officer again visited the village Aunta in search of the appellants but they were not found. The appellants Murlidhar and Rati Ram surrendered on 13th June 1978. The statements of the accused-appellants Murlidhar and Rati Ram were recorded in the district jail, Hamirpur. The articles, blood stained clothes, plain and blood-stained earth were to be sent for chemical examination, report to that effect was made by the Investigating Officer. After receiving the report of the post mortem examination and completion of recording of the statements etc., charge sheet was submitted. The appellants pleaded not guilty and claimed to be tried.

(3.) All the three appellants, who are brothers, filed a written statement after their statements and stated that they have been implicated in the case for creating a defence for themselves by the informant. The appellants stated that no incident took place at the well of Sunder Lal. When the puppy of Ghana Ram barked at Murlidhar on the way and the Murlidhar beat the puppy with lathi, Lalji chased Murlidhar and Murlidhar entered the house. Shortly afterwards, Lalji and Ghana Ram came at the house of the accused, armed with axe and lathis, respectively. Ghana Ram and Lalji attacked Chhakki Lal and Rati Ram, appellants. In the mean time, Rati Ram, appellant snatched the axe of Lalji and wielded it in his self-defence which resulted in the death of Lalji. However, the accused-appellants did not produce any defence witness.