REGENT COMPUTRONICS PVT. LTD.

Ram Prasad @ Parsaddu Appellant

V/S

STATE OF U P Respondents

Referred Judgements :-

JUDGEMENT

(1.) The instant criminal appeal has been filed against judgment and order dated 22.1.1999 passed by Additional Session Judge , Court No.1, Rae Bareli in Session Trial No.154 of 1994 in connection with case crime No. 61 of 1993 under sections 326/323 IPC read with Section 34 IPC, P.S. Bachharawan, District Rae Bareli whereby and whereunder the appellants Ram Prasad, Indra Pal and Shri Krishan were found guilty under sections 326 and 323 IPC read with section 34 IPC and are punished by rigorous imprisonment of 7 years under section 326 IPC, rigorous imprisonment of six months under Section 323 IPC.

(2.) The brief facts giving rise to the present appeal is that on 28.3.1993 at about 5.00 P.M. when Sant Ram was going from his agricultural field with crops to his house with his wife Tulsa and Nankau following him, all the accused-appellants Ram Prasad, Indra Pal and Shri Krishan came there with lathi and canta in their hands and started to beat Sant Ram. After throwing the bundle of crops from his head Sant Ram tried to fled away but the accused appellantd chased him, beaten with lathi and farsa and he fell down on the ground by the injuries. Smt. Tulsa and Nankau, who were there, tried to save him and made an alarm about the situation. Passers by and persons working in the nearby fields came there and the accused-appellants fled away by giving threatening. The injured Sant Ram was taken into bullock cart for medical treatment but he died in the way. At about 9.10 P.M. the information was given to the police station by means of Ex.K-1 where it was registered under Section 302 IPC and case was investigated. The inquest report was prepared and the body was sent for post mortem. After investigation, charge sheet was submitted against all the accused under Section 302/34 IPC. The learned Chief Judicial Magistrate took the cognizance and case was committed to the Court of Session where charges were framed. Accused pleaded not guilty and claimed for trial. In order to prove the prosecution case, PW-1 Smt. Tulsa complainant, PW-2 Sri Krishan, PW-3 Nankau, PW-4 Dr. S.S. Trivedi, PW-5 Constable Mohan Lal Gupta and PW-6 SI Umesh Singh were examined. The complainant has proved Ex.K-1 however other formal witnesses have proved Ex.K-2 to Ex.K-13. After hearing the learned counsel for parties, the learned trial court found the appellants guilty and sentenced as above.

(3.) Aggrieved by the order, appellants have filed this appeal on the following grounds:-

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RAM PRASAD @ PARSADDU Vs. STATE OF U P

Referred Judgements :-

JUDGEMENT

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