GANGA SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two connected appeals are directed against the judgment and order dated 21-7-80 passed by the then 9th Addl. Sessions Judge, Bareilly convicting the appellants and sentencing each of them to one year R.I. under S. 147, IPC, one year R.I. under S. 323 read with S. 149, IPC, two years R.I. under S. 325 read with S. 149, IPC and imprisonment for life under S. 302 read with S. 149, IPC. All the sentences have been ordered to run concurrently.

(2.) The prosecution case briefly stated is that the first informant Nathoo P.W. 1 and accused Babu Ram are neighbours in village Arrupura. On 2-5-78 when Nathoo got up in the morning at about sunrise and went to give fodder to his cattle, he noticed smoke emanating from his Chhapper. With the help of villagers fire was extinguished. However, it was found that much of the fodder stored in the Chhapper had been reduced to ashes. He suspected the hands of accused Babu Ram in this mischief. At about 7 a.m. he called accused Babu Ram by name saying "see, Babu Ram someone has set my fodder on fire". Accused Babu Ram taking ill of this accusation retorted and called other accused persons saying that Nathoo has concocted a case and was making a false allegation against him, therefore, he be beaten. All the accused persons then started assaulting Nathoo with lathis. Smt. Jalpa and Om Prakash, wife and brother of Nathoo respectively were also assaulted when they intervened to save Nathoo. Om Prakash was then taken to Chabutara of Babu Ram in an injured state. The incident was also witnessed by Hem Raj, P.W. 2 Shujat Ali P.W. 3, Paley Khan and others. Nathoo took his injured wife Jalpa in a bullock cart to the police station and there he dictated an oral report at 8-30 a.m. which was reduced to writing in the check register by Head Moharrir Ram Singh, Dharam Chand P.W. 6, the Station Officer was present when the case was registered, so he took up the investigation and recorded the statement of Nathoo and Smt. Jalpa at the police station itself and sent them for medical examination. The Investigating Officer then reached the place of incident at about 10-30 a.m. and arrested accused Badan Singh, Bankey and Ganga Singh. Accused Bankey gave him a written script Ex. Ka. 10. Madan Singh accused gave a key Ex. IV by which lock Ex. V of the house of Ram Bharose was opened. Om Prakash was found lying unconscious on a cot inside the house of Ram Bharose. One SBBL gun Ex. II with one live cartridge Material Ex. III in its barrel were also recovered from beneath the cot. One catridge Ex. I was also found in the pocket of the shirt of Om Prakash. Pieces of blood stained "Bandh" of the cot were also collected. All these articles were taken into possession through recovery memo Ex. Ka. 4. Injured Om Prakash was then sent to the hospital with a police constable. The Investigating Officer then collected blood stained and plain earth Ex. VI and Ex. VII from the place of incident. Blood stained and plain earth Ex. VIII and Ex. IX were also collected from the Chabutara where Om Prakash was said to have been taken in injured state. Sample of semi burnt fodder was also collected through Ex. Ka. 3. Site plan Ex. Ka. 11 was also prepared. After the death of Om Prakash the case was converted to under S. 302, IPC. Charge sheet Ex. K. 15 was then submitted against all the accused persons after completion of investigation.

(3.) Dr. G. C. Rohtagi P.W. 4 examined the injuries of Smt. Jalpa at 1.30 p.m. on 2-5-78 and he found the following injuries on her body; Lacerated wound 4 cm. x 1 cm. x whole depth of the upper right lip with fracture of part of the upper jaw pushing in the right, two incisors lacerating the upper gum also.