MAMRAJ Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 28.2.1983 passed by 4th Addl. Sessions Judge, Muzaffarnagar in S.T. No. 283 (State Vs. Kashmira and others) convicting and sentencing the appellant no. 1 under Section 304(2) IPC and awarding the sentence of 7 years. R.I., under Section 324, awarding the sentence of 1 year's R.I., under Section 323 IPC, awarding the sentence of 6 months' R.I. The appellant nos. 2 and 3 were convicted only under Section 323 IPC and awarded the sentence of 6 months' R.I.and given the benefit of section 4 of Probation of First Offenders Act on their executing a personal bond and two surety bonds of Rs. 2000/- each to be of good behaviour and for keeping peace for a period of one year and in default during the said period to appear before the Court and receive the sentence of six months' R.I.

(2.) During the pendency of the present appeal, appellant no. 1- Mamraj and appellant no. 3- Madan had already expired and their appeals were dismissed as abated vide order dated 22.8.2019. Now the appeal against the appellant- Sukha only survives.

(3.) Briefly the prosecution story as unfurled in the FIR is that on 1.12.1980 at about 9 a.m. Mamraj was digging foundation for constructing wall in his sehan and his sons Madan and Sukha and brother Kashmira alongwith his son Surendra were present there. Dal Singh opposed the construction of the wall but they did not pay any heed and Mamraj gave a blow by phawra, consequent to which he suffered injuries and died on the way to hospital. During the course of the said incident, Ved Singh, Pala and Mahabir sons of Dal Singh and Kalawati wife of Dal Singh made an attempt to rescue him, however they were also beaten. On the basis of said written report marked as Exbt.-Ka-7, the first information report was lodged at Police Station- New Mandi and the injured were examined at District Hospital, Muzaffaragar and on way to hospital, Dal Singh died and the case was registered under Section 304 IPC. After investigation of the case, charge sheet was submitted against the accused persons, on the basis of which, charges were framed against the appellant, who did not plead guilty and claimed to be tried.