LALTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This Criminal Appeal has been preferred by four appellants, Lalta, Ram Bharose, Ram Bahadur and Chandra Bali against the judgment and order dated 25/10/1980 passed by Sri C. Mohan, the then Sessions Judge, Basti in Sessions Trial No. 180 of 1980. The learned Sessions Judge has convicted all of them under Section 302 I.P.C. read with Sec. 34 I.P.C. and 323 I.P.C. read with Sec. 34 I.P.C. Each of them has been sentenced to undergo life imprisonment under Sec. 302 I.P.C. read with Sec. 34 I.P.C. and six months rigorous imprisonment under Sec. 323 I.P.C. read with Sec. 34 I.P.C. Both the sentences have been ordered to run concurrently.

(2.) The salient features of the case, as emerging from the First Information Report and the evidence adduced in the Court, may be noted. The incident took place on 18-3-1980 at about 9.30 A.M. in village Mishraulia, Police Station Kotwali of District Basti. The First Information Report was lodged the same day at 11.55 A.M. by P.W. 1 Ram Lala. The distance of the Police Station from the place of occurrence was 3 Kilometers. A litigation was going on with regard to some land between P.W. 1 Ram Lala and his family members on the one hand and the accused-appellant Ram Bahadur on the other. On this score, there was animosity between the two sides. On the date and time of occurrnce P.W. 1 Ram Lala was going to Court in connection with the said litigation. When he reached near the house of the accused-appellant Lalta he as well as other accused-appellants Ram Bharose, Ram Bahadur and Chandra Bali were present there. They surrounded P.W. 1 Ram Lala and started causing injuries to him with Lathis and Pharsa. Lalta was holding a Pharsa and the remaining three accused-appellants had Lathis. The alarm raised by P.W.1 Ram Lala attracted the attention of his brother Ramchet and prosecution witnesses P.W.2 Jeet Bahadur and P.W.3 Ram Sagar to the place of occurrence. The accused-appellants caused injuries to them also. The prosecution witnesses P.W.4 Shyam Giri, P.W.5 Parmanand and other persons of the village appeared there and then the accused made their escape good. After the incident the informant P.W.1 Ram Lala took his brother Ramchet and other injured persons to the District Hospital Basti where their injuries were examined by P.W.9 Dr. V.P. Shukla. he found the following injuries on the person of Ramchet as per injury report Ex. Ka-12 at the time of his medical examination of 18/03/1980 at 10.40 A.M. : 1. Incised wound on Skull 3 cm x 1 cm x muscle deep upto bone. Margins smooth clean cut everted 11 cm above right ear. 2. Traumatic swelling 8 cm x 6 cm on left side forehead 8 cm above left eyebrow.

(3.) Traumatic swelling on left eyebrow 3 cm x 2 cm. 3. In the opinion of the Doctor injury No.1 had been caused by some sharp edged heavy cut weapon and injuries No. 2 and 3 had been caused by some blunt weapon. The injured was unconscious. Injury No. 1 was kept under observation. X-ray of skull was advised. Thus,Ramchet was admitted as indoor patient.