DHARAM DASS Vs. STATE

JUDGEMENT

(1.) V. P. Mathur, S. Mr. M. N. Kulshrestha, the then IV Additional Sessions Judge Budaun while disposing of Sessions Trial No. 110 of 1978 of his Court, convicted Dharam Dass under Section 302 I. P. C. and Bachey Lal under Section 302 read with Section 34 I. P. C. and sentenced them both to imprisonment for life. This judgment and order is dated 6-9-78 and both Dharma Dass and Bachey Lal have come to this Court through this appeal.

(2.) THE first informant is one Tota Ram resident of village Behta Kaura, Police Station Bisauli, district, Budaun. Dharam Dass is his brother-in-law and to him his real sister Smt. Ram Wati was married. This lady has since died and about one year prior to this occurrence Dharam Dass had married a second woman. Bachey Lal is a distant brother-in-law of Dharam Dass's brother. THEre is some evidence on record to show that Smt. Ramwati was ill for about one year prior to her death and was living with Tota Ram where her treatment was going on. She died after living with Tota Ram for about one year. THEre is also evidence to show that about 11 or 12 biswas of land had been purchased in the name of Smt. Ramwati which is in the actual physical posses sion of Tota ram. THE contention of Totaram is that he had paid for the pur chase of this land while Dharam Dass' contention was that it was his money which was used for the purchase of this land. Dharam Dass is resident of village Tandey Ki Gaunria, which lies within the police station Aonla. , District, Bareilly and this place is 8 to 10 Kose away from village Behta Kayra. Bachey Lal is resident of Ghaziabad. This occurrence took place about 3 or 4 p. m. on 3-1-78 in the open Gher of Tota Ram in village Behta Kaura and the first information report was lodged by Tota Ram at 5. 30 p. m. in police station Bisauli, which is at a distance of 8 kilometers from the scene of occurrence.

(3.) THE internal examination revealed fracture of the upper part of the sternum at the joint of first ribs, puncture of the apex of the right pleura and trachea below larynx. THE upper lobe of the right lung was also punctured. Aorta of the heart had also been punctured at the thoracic part. THEre was digest ed fluid 2 dozs in the stomach, gases in the small intestine and faeces in the large intestines. In the opinion of the Doctrine the death was due to shock and haemorrhage caused by the ante mortem injuries and the time since death was one day.