ASHA RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal arises out of impugned judgement and order dated 7.6.1989 passed by the Sessions Judge, Lalitpur in Sessions Trial No.25 of 1988, convicting the appellants under Sections 302/34 and 323/34 of IPC and sentencing them to undergo imprisonment for life under Section 302/34 and six months rigorous imprisonment under Section 323/34 of IPC, with a direction that both the sentences shall run concurrently.

(2.) As per prosecution case, on 15.10.1987, at about 9:00 p.m., deceased Pooran Singh had gone to the house of accused persons to say that on the next morning his agricultural field may also be sowed by them. It is said that accused persons replied that they did not have sufficient seed and, therefore, they may not sow his filed. Hearing this, some altercation took place between the accused persons and the deceased. They started abusing each other and then it is said that the accused appellants caused injuries to the deceased by clubs, axe and Kholiya (an agricultural weapon which has pointed edge). Accused Asha Ram and Komal both were carrying clubs with them and accused Komal and Prabhu also suffered injuries. Further case of the prosecution is that Sita Ram (PW-2) eyewitness to the occurrence had also suffered injuries. By the time, efforts were being made to shift deceased Pooran Singh to the hospital, he expired. On 16.10.1987 at 3:15 a.m., on the basis of written report lodged by Vishwanath (PW-1), FIR Ex.Ka.5 was registered against four accused persons, namely Komal, Asha Ram, Prabhu and Ram Prasad under Section 302 of IPC.

(3.) Inquest on the dead body of the deceased was conducted vide Ex.Ka-7 on 16.10.1987 and the body was sent for post-mortem, which was conducted on the same day vide Ex.Ka.3 by Dr J.C. Gupta (PW-5). As per post-mortem report, following injuries were noticed on the body of the deceased: