RAM TEK Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 19.1.1983 passed by Additional Sessions Judge, Ghaziabad in Sessions Trial No.243 of 1981, convicting and sentencing the appellant under Section 302 read with Section 34 I.P.C. to life imprisonment and under Section 323 I.P.C. to one month.

(2.) Facts, in brief, are that one Hariya @ Hari Singh of village Revri Revra, P.S. Muradnagar, District Ghaziabad, who is the father of the deceased Aashey, on 7.5.1980, prior to the incident of murder, was coming back home from his field along with his bullocks. He met the accused, namely, Member in the way who asked him that your bullocks have spoiled the sugarcane field so he would not allow him to take the bullocks. He wanted to get the bullocks to be detained in cattle pond. This was objected by Hariya and an altercation took place between them to which accused Member gave him a blow of lathi. Hariya started crying and accused Member left the spot. This incident took place near the field of Hariya. Thereafter when Hariya again started for his home along with bullocks he met his son Aashey who was coming from his sugarcane field. Father narrated the entire story to his son Aashey who along with his bullocks proceeded towards his home and Hariya being injured followed him. When they reached in front of the 'Gher' of the accused persons, Aashey and his bullocks were obstructed by all the three accused persons, namely, Member, Sipatter and Ram Tek who are real brothers. At that place again bullocks were being obstructed and certain altercations took place but the accused persons were adamant to take the bullocks as according to them the bullocks had spoiled and damaged their sugarcane field. It is also the prosecution version that all the three accused who were armed with lathis attacked Aashey and had given severe blows on his body then Aashey raised alarm at which the witnesses Yadram, the brother of deceased Slakh Chand, Siriya, Raghunandan Bedi and several other persons rushed to the spot and saw the occurrence. They also tried to intervene. The deceased Aashey at that very point fell down on the ground due to the injuries sustained by the lathis of the three accused persons. Thereafter Aashey was brought to the 'baithak' of Hariya and was taken to the hospital on a cart (buggi), but as they had crossed the outer limit of village Revri Revra, Aashey succumbed to his injuries. They along with deceased returned back home and put the dead body of Aashey in the 'baithak' of Hariya. The Pradhan of the village Prem Singh was called and the F.I.R. was dictated to him by the brother of the deceased Yadram and the report was lodged at Police Station at 6.20 a.m., the next day early morning against the accused persons for the offence punishable under Sections 304, 323 I.P.C.

(3.) Investigation of the case was carried out by Investigating Officer Ram Saran Lal Sharma, Sub-Inspector, who reached on the spot and all relevant papers like inquest report, report to R.I., specimen seal reported to Medical Officer, sketch of the dead body and challan lash of the dead body was prepared on the spot. The dead body was sent for post mortem through Constables Subodh Kumar and Parhlad Singh. The statements of the witnesses were also recorded. Investigating Officer inspected the place of occurrence and prepared the site plan. The post mortem examination of the deceased Aashey was conducted by Dr. Laxman Avtar Sharma. The following ante mortem injuries were found on the body of the deceased:-