RAM MANOHAR Vs. STATE OF U P

JUDGEMENT

(1.) The applicant-accused Ram Manohar has preferred the Criminal Appeal No.1224 of 2007, under section 374 (2) of Cr.P.C. against the judgment and order of conviction and sentence dated 07.5.2007, passed by the learned Additional Sessions Judge, Court No.2, Raebareli in S.T. No.367/2000, relating to case crime no.114/98, police station- Gadaganj, District Raebareli, whereby the learned trial judge has convicted to accused-appellant under section 302 of IPC to undergo life imprisonment and fine of Rs.10,000/-. Further the appellant was convicted under section 323/34 of IPC to undergo six months rigorous imprisonment and further he was convicted under section 504 IPC to undergo one year rigorous imprisonment and further he was convicted under section 3 (1) (X) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) (in short SC/ST Act) to undergo one year imprisonment and fine of Rs.1,000/-. Appellant was also convicted under section 3(2) (5) of SC/ST Act to undergo life imprisonment and fine of Rs.5,000/-. In case of default of payment of fine, the court awarded additional six months' imprisonment.

(2.) The case of prosecution, in brief, is that on 08.8.1998, at approximately 12:30 PM, the accused persons Ram Manohar, Ram Prakash, Dinesh and Ashok alias Munnu Yadav, who were the residents of same village, came at the residence of Maharajdeen Pasi, the uncle of complainant. Ram Prakash Yadav demanded Rs.280/- from Amrit Lal Pasi, son of Maharajdeen Pasi. The amount was due as medical treatment fee. Amrit Lal replied that his labour wages for three months and ten days was due to accused persons. Further he submitted that let the due amount of medical treatment and labour wages be calculated and set off, accordingly the person who was having dues, he will pay to another. Hearing the reply of Amrit Lal, the accused-appellant Ram Manohar Yadav, who was serving in army, became angry and threatened Amrit Lal in the words :- " Paasi sale tumhara dimaag kharab hai. Zuban ladate ho."

(3.) The FIR of the occurrence was lodged at 14:10 hrs on the same day. Investigation started. The inquest and PMR of the deceased were done. The I.O. prepared the spot map and collected the blood stained and plain soil and also recovered two empty cartridges of 12 bore from the place of incident. Apart from that, injury report of injured Shyam Lal was prepared on 10.8.1998.