RAM ADHAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 28.3.2001 passed by Addl. Sessions Judge, Court No. 5, Azamgarh in S.T. No. 321/94, State v. Ram Adhar and others convicting the appellant under section 302 I.P.C. and sen ­tencing him to life imprisonment and to a fine of Rs. 1,000/ - and also convicting him under section 307 I.P.C., and sentencing him to five years R.I. and to a fine of Rs. 500/ -.

(2.) THE facts relevant for disposal of this appeal are that on 2.1.1994 at 2.30 P.M. the informant Munna son of Ramayan resi ­dent of village Chhotka Kurmiyan, P.S. Mahrajganj District Azamgarh lodged a F.I.R. at police station Mahrajganj with these allegations that on the aforesaid date at about 10 A.M. the accused Adhar, Kharbhan, Ram Janam alias Jan, Chandrabhan, Raj Kumar, Samujh, Tuphani and Narsingh in prosecution of their common object having guns, Lathis and Ballams in their hands reached the Abadi of the informant and started to dam ­age the well. Ramayan asked them not to do so but the accused abused Ramayan and fired at him who received fir arm injuries. The remaining accused caused injuries to Doodhnath, Bhaggal and Smt. Chanauti from Lathis and Ballams. The condition of Ramayan was serious and so Munna and other villagers were taking Ramayan to police station but he died in the way. Then they left the dead body in the way and went to the police station and lodged the report.

(3.) THE injury of Smt. Chanauti Devi wife of Doodh Nath was medically exam ­ined on 2.1.1994 at 6.20 P.M. by Dr. Arjun Kumar P.W. 14. She had a wound on her abdomen. Its size was 2.5 cm. x 1.5 cm. The margins were clear cut oval shaped. There was no blackening of margins. There was no surrounding blackening or tatooing. The overlying dhoti was torn. There was no black substance over dhoti or skin. Part of omentun was coming out of wound. The injury was kept under observation and for ascertainment of its nature and cause. X: ray of abdomen was advised. The patient was conscious and talking normally at the time of examination. Her pulse rate was 100 p.m. and B.P. was 110/70. The duration of injury was about within one day. She died in the District Hospital on 3.1.1994 at 6.55 P.M. Then her post -mortem was per ­formed on 4.1.1994 at 4 P.M. by Dr. R.S. Singh. In his opinion the above injury was a fire arm wound and a metallic pellet was also recovered from the wound. In his opinion the cause of death was haemor ­rhage and shock as a result of this ante -mortem injury.