RAM MURAT Vs. STATE OF U P

JUDGEMENT

(1.) THE appellants Ram Murat and seven others have preferred this appeal against the judgment and order dated 13.10.1981 rendered by Shri C. L. Anand, the then IIIrd Additional Sessions Judge, Gorakhpur in Sessions Trial No. 383 of 1978, whereby the learned Additional Sessions Judge has convicted and sentenced each of the appellants under Section 307 read with Section 149, I.P.C. to undergo rigorous imprisonment of five years. Each of the appellant No. 1 Ram Murat, the appellant No. 2 Rama Nand and the appellant No. 3 Sant has also been convicted and sentenced under Section 148, I.P.C. to undergo rigorous imprisonment of two years. Each of the remaining appellants namely, Ram Ratan, Ram Chandra, Bishram, Ramain and Kesari, have also been convicted and sentenced under Section 147, I.P.C. to undergo rigorous imprisonment of one year. THEse sentences have been directed to run concurrently.

(2.) THE appellant No. 3 Sant and appellant No. 8 Kesari died during the pendency of the appeal, consequently the appeal stood abated against them.

(3.) BOTH the injured Sita Ram Tiwari and his son Sheo Ram were medically examined by P.W. 5 Dr. V. K. Srivastava, who was posted as Medical Officer at the P.H.C. Campierganj, district Gorakhpur on 31.10.1976 between 6 p.m. and 6.15 p.m. The following injuries were found on the body of the injured Sita Ram Tiwari : (1) Contusion on back over right scapula of size of 12 cm. x 2 cm. red in colour ; (2) Contusion just below the lower end of right scapula of size of 14 cm. x 2-1/2 cm. red in colour ; (3) Contusion on back over the left scapula of size of 12 cm. x 2-1/2 cm. red in colour ; (4) Contusion on back 3 cm. below the lower end of left scapula of size of 1-1/2 cm. x 2-1/2 cm. red in colour ; (5) Contusion 1 cm. above the left scapula, red in colour 10 cm. x 2-1/2 cm. ; (6) Traumatic swelling of size of 6 cm. x 4 cm. over the right elbow joint ; (7) Abrasion 1 cm. x 1 cm. scab on dorsom of right hand ; and (8) Lacerated wound x skin deep 2 cm. x 1-1/2 cm. scab over dorsum of right hand.