SHIV BAHADUR RAM Vs. STATE OF U P

JUDGEMENT

(1.) The appellant-Shiv Bahadur Ram has preferred this criminal appeal against the judgment and order dated 28.03.2009 passed by Additional District & Sessions Judge, Fast Track Court No. 1, Ghazipur in Sessions Trial No. 401/2006 (State vs. Shiv Bahadur Ram) arising out of case crime no. 494/2006 U/s 304 (II) IPC, Police Station Jamania, District Ghazipur, whereby the appellant has been convicted under section 304 (II) IPC and has been sentenced for seven (7) years rigorous imprisonment and a fine of Rs. 10000/- and in default of payment of fine, one year additional rigorous imprisonment.

(2.) The prosecution case in brief, as reveals from record, is that the first information report was lodged by P.W.-1 Muninder Kumar S/o Late Jamuna Ram, resident of Mohalla Rajpur, town and police station Jamania, District Ghazipur on 26.08.2006 at about 06:00 A.M. alleging therein that Mewa Ram, uncle of first informant, was going towards his Dera for milking buffalo. Suddenly accused appellant Shiv Bahadur Ram came out from his hut and started beating Mewa Ram with Lathi. The incident was witnessed by first informant Muninder Kumar, Virendra Kumar and Surendra. After committing the offence, accused appellant Shiv Bahadur ran away from the spot. The first informant and other persons arranged a rickshaw trolley and took Mewa Ram to Primary Health Centre, Jamania but the doctor of Primary Health Centre, Jamania, declared him dead.

(3.) The F.I.R. was lodged on the same day at about 07:10 A.M. giving rise to Case Crime No.494/2006 U/s 304 IPC, police station Jamania. After registration of the case, the investigation was conducted by Station House Officer, Sri R.B. Yadav, during which he recorded statement of first informant, inspected the spot and prepared site plan etc. The accused was arrested and on his pointing out, a lathi, the weapon used in commission of offence was recovered from his hut. Meanwhile the inquest of the deceased was conducted at about 09.45 A.M. and thereafter the dead body was sent to postmortem, which was conducted on the same day at about 04:00 P.M. It appears that thereafter the Investigating Officer was transferred and the remaining investigation was conducted by Sri Prem Shankar Singh, In-Charge, police outpost, Mohammadabad, District Ghazipur and after completion of the investigation, charge sheet u/s 304 IPC was submitted against the accused appellant Sri Shiv Bahadur Ram. The Chief Judicial Magistrate, Ghazipur, took cognizance of the offence on the charge sheet and committed the case to the Court of Sessions for trial vide order dated 24.10.2006.