RAJJU Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against the Impugned judgment and order dated 28.2.1981 passed in S.T. No. 11 of 1980 by 1st Additional Sessions Judge. Banda convicting and sentencing both the appellants under Sec. 304 part I read with Sec. 34, I.P.C. and under Sec. 201 read with Sec. 34, I.P.C. to undergo R.I. for five years on each count ordering to run both the sentences concurrently.

(2.) Brief facts, arising out of this appeal, are that there was a Mahuwa tree, which was jointly owned by Kunja (deceased) and appellants. The same was cut down earlier and its roots were being dugout by the accused Rajju. Kallu and Raja on 26.1.1979 just after sun set. Kunja. younger brother of first Informant Bhau, reached there for stopping them not to do so upon which some altercations took place in between Kunja (deceased) and accused persons. Same time. Kunja gave a Lathi blow upon Kallu on which Rajju, Kallu and Raja assaulted him with an axe as a result of which Kunja fell down on the ground after sustaining the injuries on his person. On hearing the alarm. Bhau (informant), Bachchu, Raja Bhaiya and Ram Kumar came there, and objected not to kill him upon which the accused persons came to assault them and as a result, all of them ran away to the village. The dead body of Kunja was not traced out till the report was lodged. After some time. he again went to the place of occurrence along with Sukhdeo. Rain Sajiwan. Haiku and others but none was found at the place of incident. Kunja was searched but was not traceable. As the accused persons might have taken him to another place after causing the injuries on his person. The first informant Bhau rushed to the concerned police station where he lodged the first information report against accused persons. Rajju. Kallu and Raja on 27.1.1979 at 2.15 a.m. (night).

(3.) On 27.1.1979. the dead body of Kunja deceased was traced out inside the bushes to the south of a Bandha. Thereafter, the inquest report and other papers were prepared by the Investigating Officer and the dead body of the deceased was sent along with the concern papers for the post-mortem. Dr. R.K. Mehrotra on 28.1.1979 at 12.30 noon conducted the post-mortem examination of the deceased and found six incised wounds, one lacerated and multiple contusion on the body of the deceased, as mentioned in the post-mortem report. The cause of death has been shown due to shock and haemorrhage as a result of ante morterm injuries.