LAL BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) This appeal arises out of impugned judgement and order dated 24.3.1987 passed by Sessions Judge, Etawah in Sessions Trial No. 4 of 1985 convicting the accused persons, namely, Lal Bahadur, Sher Singh and Shashtri under Section 302 read with Section 34 of IPC and accused Jai Dutt under Section 302 of IPC and sentencing them to undergo life imprisonment.

(2.) As per prosecution case, complainant Bhojraj hired a tractor of one Sharma for ploughing his agricultural field. There was some dispute regarding payment to the owner of said tractor and a complaint was made by the owner of the tractor to Pulandar Singh who allegedly abused the deceased. After about 4-5 days of the above incident when the deceased was working in his agricultural field, all the four accused reached there and started abusing him. It is further alleged that Ram Autar (decease) was beaten by the accused persons. Accused Jai Dutt was having 'Moosal' (pestle) with him, accused Lal Bahadur was having spear, whereas the remaining two accused Sher Singh and Shashtri were having clubs with them. The incident of 'marpeet' was witnessed by PW-1, Bhoj Raj and PW-2 Sone Lal. The incident occurred on 20.12.1983 at 7:00 A.M. and the matter was reported to the police at 10:15 A.M. by PW-1, Bhoj Raj against all the accused persons. Based on this report, offence under Sections 323, 504, 506 of IPC was registered against all the accused persons. Injured Ram Autar was immediately shifted to a hospital at Lucknow where, he succumbed to his injuries on 26.12.1983 at about 9:45 p.m.

(3.) Inquest on the dead body of the deceased was conducted on 27.12.1983 vide Ex. Ka.1 and body was sent for postmortem which was conducted on the same day vide Ex. Ka. 12 by PW-8, Dr. P.R Mishra.