RAMDEO Vs. STATE OF U P

JUDGEMENT

(1.) -These appeals have been filed against the judgment and order dated 28.4.2006, passed by Additional Sessions/ Special Judge (S.C./S.T. Act), Pilibhit in S.T. No. 661 of 2004 whereby the appellant Ram Deo has been awarded death sentence for an offence under Section 302, I.P.C. and appellants Sri Krishna and Ram Sharan have been sentenced to undergo imprisonment for life and a fine of Rs. 10,000 for an offence under Section 302/34, I.P.C. and in default of payment of fine to undergo further rigorous imprison-ment for one year. Reference is for the confirmation of the death sentence of appellant Ram Deo.

(2.) BRIEFLY stated the prosecution case is that the informant Mangoo Lal lodged the first information report alleging herein that Somwati wife of Murari Lal was teased by Ram Deo on the festival of Nagpanchami. His son Murari Lal had complained about this incident and Ram Deo became inimical. On 5.6.2004 he, his son Murari Lal, his wife Jagdevi were sitting with Mahipal Singh. At about 2.30 p.m. Ram Deo carrying banka alongwith Ram Sharan and Shri Kishan reached there. Ram Sharan and Shri Kishan caught hold of his son and Ram Deo started inflicting blows by banka. He, his wife and son raised alarm. Rajendra and Kali Charan and several other persons reached there and accused persons ran away. He brought his son in an injured condition to the hospital, but by the time he reached the hospital his son succumbed to his injuries. A written report had been lodged by Mangoo Lal at police station Pooranpur on 5.6.2004 at 4.30 p.m.

(3.) IN the opinion of doctor cause of death was as a result of haemorrhage/shock/comma due to ante mortem injuries.