RAM CHARAN Vs. STATE O

JUDGEMENT

(1.) M. Chaudhary, J. This is a criminal appeal filed on behalf of the accused appellants from judgment and order dated 21st of October, 1982 passed by V Additional Sessions Judge, Hamirpur in Sessions Trial No. 269 of 1980, State v. Ram Charan and another, convicting the accused appellants under sections 302 and 307 IPC each read with section 34 IPC and sentencing each of them to imprisonment for life and seven years' rigorous imprisonment respectively thereunder.

(2.) FACTS giving rise to this appeal as unfolded during the trial in brief are that at about 6:00 a. m. on 14th of June, 1980 Prem Narain alongwith his son Jaipal were going from their village to their fields for fertilizing their fields. Jaipal was plying the bullock cart loaded with manure and Prem Narain was going behind the bullock cart on foot. Gola and Mangal were also going in the bullock cart loaded with fertilizer. As the bullock cart driven by Jaipal reached near the talab Ram Charan armed with gun and Karan with Pharsa emerged from the shrubs and Ram Charan fired at Jaipal with gun hitting him at his head. Sustaining the firearm injury Jaipal fell down and then Karan gave pharsa blows to Jaipal. In the meanwhile Prem Narain rushed for the rescue of his son Jaipal. Immediately Ram Charan fired a shot at Prem Narain but he escaped and ran away for his life. Sustaining the fatal injuries Jaipal died on the spot instantaneously. Then Prem Narain went to his house and informed his family members and then leaving his brother Bahadur and some of the co-villagers near the dead body he went to the market at Panwari. He got report of the occurrence scribed by one Mohd. Iqbal and then went to police station Panwari situate at a distance of 11 miles from village Gaurihari and handed over written report of the occurrence to the police there at 2:00 p. m. The police registered a crime against the accused accordingly and started the investigation. Station Officer Ram Singh who took up investigation of the case in his hands after necessary formalities recorded the statements of Prem Narain at the police station itself. Then he went to the place of occurrence and drew inquest on the dead body of Jaipal. He handed over the dead body of Jaipal in the sealed cover alongwith necessary papers to constables Hamid Khan and Durga Prasad for being taken for its post mortem. He also collected bloodstained and simple earth from the place of occurrence and picked up an empty cartridge and a plastic tikli lying on the spot and prepared their memos and sealed them in separate packets. He also recorded statements of the witnesses and did other necessary things.

(3.) INCISED wound 1 cm x 4 cm x bone deep on right side of neck 2 cm below injury No. 4.