RAM RAKHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) To examine correctness of the judgment dated 26th February, 1983 passed by learned Vth Additional Sessions Judge, Allahabad in Sessions Trial No.250 of 1982, instant appeal is preferred. During pendency of the appeal all accused persons except Ram Rakhan have died and appeal has already been abated qua them.

(2.) The factual matrix of the case as unfolded in the judgment impugned is that on 23th April, 1982 at 7.10 am a first information report was lodged at Police Station Saini, district Allahabad at the instance of Kailash Singh, S/o Ranjit Singh (PW1) against accused-appellants Ram Rakhan Singh, Munnoo Singh, Shiv Kumar Singh and Ram Singh. As per the averments contained in the first information report, Ranjit Singh, father of first informant Kailash Singh and Amar Singh his uncle along with Shiv Sharan Singh were sleeping on different cots in front of their house. A lantern was illuminating there. The informant Kailash Singh and Chhatrapal Singh, S/o Rampal Singh were sleeping and they left that place to sleep at about 11.00 pm. In the midnight, Kailash Singh on hearing screams of his mother and other family members, rushed towards his house, where he saw that Chhatrapal Singh, Virendra Singh, Mahesh Raj Singh, Nathu Ram Pandey were flashing the torch and in light of that Chhiddu Singh, Munnu Singh, Shiv Kumar all sons of Ashapal Singh and Ram Singh, S/o Sukh Ram were seen. They were beating Ranjit Singh, Amar Singh and Shiv Sharan Singh with Lathis. On being challgned, the accused persons fled from the spot. Ranjit Singh and Amar Singh were lying unconscious and Shiv Sharan Singh had certain injuries. The injured Ranjit Singh and Amar Singh then died after 15-20 minutes. As per the first informant, Chhiddu Singh and Ram Singh killed his father being having political rivalry. On basis of the information aforesaid, case was registered for investigation under Section 302 Indian Penal Code.

(3.) During the course of investigation, the corpus of both the deceased persons was subjected to autopsy by Dr. Ramesh Chandra (PW5). The injuries of Shiv Sharan Singh were examined by Dr. S.N. Gupta (PW3). As per the post mortem report (Ex. Ka.16), the cause of death of Ranjit Singh was shock and hemorrhage due to the injuries received. Same was the cause of the death of Amar Singh. The injuries received by deceased Ranjit Singh and Amar Singh were as follows:-