RAM LALAK Vs. STATE

JUDGEMENT

(1.) The present criminal appeal has been filed against the impugned judgment and order dated 10.8.1982 passed by VIII Additional Sessions Judge, Allahabad in S.T. No.326 of 1981 (State Vs. Ram Lalak Pandey and Others) under Sections 304/34 & 323 I.P.C., whereby the learned Additional Sessions Judge convicted all the accused-appellants for the offences under Sections 304/34 & 323/34 I.P.C. and sentenced each of them with rigorous imprisonment for a period of 4 years under Section 304/34 I.P.C. and 6 months rigorous imprisonment under Sections 323/34 I.P.C.

(2.) The brief facts relating to the case are that Ram Nidhi Pandey lodged a F.I.R. of the incident at 11:00 a.m. on 27.8.1979 at P.S. Karchana, District Allahabad with the allegations that "Due to litigation in consolidation courts with the accused-persons, they are on inimical terms with applicant; that Yesterday evening his she-buffalo suddenly entered in the sugarcane field of Ram Lalak for which he made a complaint to his father today morning and abused him; that at about 9:00 a.m. when he, his brother Ramrooj, Srinand and nephew Kamleshwar Prasad were going to the fields in south-west of their home, Ramrooj asked Ram Lalak that he will reimburse the loss caused to him and he had no reason to abuse his father. Upon which Ram Lalak, his brother Ram Hit son of Ram Lalak, Ramayan and Tirath Prasad assaulted with Lathis and caused injuries to Ramrooj, Srinand and Kamleshwar; that on his alarm Mool Sajeevan, Satya Narayan @ Bachchan, Ram Abhilash and Harsh Narayan arrived and intervened, upon which all the four accused left; that Ramrooj sustained injuries on head and right scapula and other points of body and Sri Nand and Kamleshwar also sustained lathi injuries and Ramrooj fell unconscious on the spot." On death of Ram Rooj Section 304 I.P.C. was added and upon investigation the charge-sheet was submitted and case was committed to Sessions. Learned trial court framed charges against the accused persons under Sections 323/34 and 304/34 I.P.C.

(3.) Prosecution in order to prove its case produced Kamleshwar Prasad, injured witness as P.W.-1, Ram Nidhi, the first informant as P.W.-2, Srinand, the injured witness as P.W.-3, Dr. Rajendra Dayal, Medical Officer, Swaroop Rani Hospital, who examined the three injured persons as P.W.-4, Autopsy Surgeon Dr. V.K. Gupta as P.W.-7, Dr. A.K. Kochar, Medical Officer of P.H.C. Karchana, who referred the injured persons to Swaroop Rani Hospital as P.W.-6, I.O. Sukh Dev Pandey as P.W.-5 as well as Mata Prasad Pandey, Chhedi Lal Gupta, Raja Ram, Hazarat Ali, Rama Shankar Dubey, the formal witnesses as P.Ws.-8 to 12.