SHYAM LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal under Section 374(2) of Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') has been filed by Shyam Lal, Bijai alias Ram Sajivan, Kallu alias Ram Ujagir, Udal alias Udairaj, Awadhraj, Girdhari and Sudama Prasad against judgment of conviction and sentence made therein in Sessions Trial No. 108 of 2004, State Versus Shyam Lal and others, arising out of Case Crime No. 162 of 2004, under Sections 147, 304/149, 323/149 I.P.C., Police Station Durgaganj, District Sant Ravidas Nagar, Bhadohi, passed by court of Additional Sessions Judge, Court No. 3, Bhadohi- Gyanpur, wherein convicts-appellants have been sentenced with one year's simple imprisonment and fine of Rs.1,000/- and in case of default one month's additional simple imprisonment for offense punishable under Section 147 I.P.C., ten years' rigorous imprisonment with fine of Rs.5,000/- each and in default three months' additional simple imprisonment under Section 304/149 I.P.C., six months simple imprisonment and fine of Rs.500/- and in case of default one month's additional simple imprisonment for offence punishable under Section 323/149 I.P.C. with a direction for concurrent running of sentences.

(2.) Memo of appeal is with this ground that trial court failed to appreciate facts and evidence placed on record. First information report, lodged by complainant, was based on wrong facts. PW-1 Jitendra Kumar was not present on spot at the time of alleged occurrence, because he was neither injured nor his presence is beyond doubt. There was no public witness of alleged occurrence. Statement of prosecution witnesses were full of contradictions. Medical evidence was not in support of prosecution case. Hence, this appeal is with a prayer for setting aside impugned judgment of conviction and sentence dated 17.09.2011 with a further prayer for grant of acquittal against charges levelled against appellants.

(3.) From the very perusal of trial court record, it is apparent that Jitendra Kumar, S/o Ram Shiromani, R/o Village Gangarampur, P.S. Durgaganj, District Sant Ravidas Nagar, filed a written report (Ext.Ka-1) at Police Station Durgaganj on 12.07.2004 with this contention that on above date at about 9.30 A.M., there occurred quarrel in between Shyamlal, Kallu @ Ram Ujagir, Udal @ Udairaj, Bachai @ Ram Sajivan, Awadhraj, all sons of Bansi and Sudama Prasad and Girdhari, S/o Ramnath and informant's side regarding construction of chak road from the land of informant. Those named accused persons, being armed with lathi-danda, did assault by lathi-danda and brick pelting, resulting injuries to ladies of informant's house as well as Madan Lal, Dharamraj, Shyam Bihari, Sri Nath and Ravindra Kumar. They were taken to Government Hospital, Gyanpur, from where they were taken to Kabir Chaura Hospital, Varanasi. Informant's aunt Photo Devi was also accompanying them, who came back and apprised that others were under treatment, whereas Ravindra Kumar died, while reaching Kabir Chaura Hospital. This occurrence was witnessed by many persons, hence request for taking legal recourse was made. On the basis of this written report (Ext.Ka-1), Chik F.I.R. (Ext.Ka-19) was got registered at 00.10 P.M. on 13.07.2004 as Case Crime No. 162 of 2004, under Sections 147, 149, 336, 323, 304 I.P.C., at Police Station Durgaganj. This registration of case crime number was entered in General Diary Entry at Report No. 20 of the day. The matter was investigated, wherein Spot Map (Ext.Ka-4) was got prepared, brick parts, lying thereat, on the place of occurrence, was taken in custody by way of preparing recovery memo (Ext.Ka-2), injured Smt. Kamla Devi, Smt. Shivrati Devi, Sumitra Devi, Shrinath and Chhabbi Devi were got medically examined at Primary Health Centre, Suriyawan and their Medico Legal Reports are Ext.Ka-11, Ext.Ka-6, Ext.Ka-8, Ext.Ka-9, Ext.Ka-12. Medico Legal Report of Photo Devi is Ext.Ka-10, of Balraji Devi is Ext.Ka-7 and of Madan Lal is Ext.Ka-5. Deceased Ravindra Kumar died and his inquest proceeding was got conducted, wherein Inquest Report (Ext.Ka-13), Letter R.I. (Ext.Ka-14), Letter C.M.O. (Ext.Ka-15), Photo Dead Body (Ext.Ka-16), Police Form-13 (Ext.Ka-17) was got prepared. Thereafter, dead body along with those documents was sent for its autopsy examination under sealed intact position. It was got examined under autopsy examination and report of autopsy examination (Ext.Ka-3) was on record. Statement of witnesses were recorded under Section 161 Cr.P.C., whereupon Charge Sheet (Ext.Ka-18), under handwriting and signature of Investigating Officer, for offences punishable under Sections 147, 323/149, 325/149, 304/149 I.P.C., was got filed, whereupon Magistrate took cognizance.