RAJA RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The two appellants Raja Ram and Ram Jas have preferred this appeal against the judgment and order dated 12-2-1982 passed by Sri D.S. Ram, the then IIIrd Additional Sessions Judge, Ghazipur in Sessions Trial No. 352 of 1980 whereby each of them has been convicted under Section 302, I.P.C. read with Section 34, I.P.C. and sentenced to life imprisonment.

(2.) One Parvez Khan son of Shahzada Khan, aged about 19 years was murdered in this incident which took place on 27th Nov. 1978 at about 6.45 p.m. at the house of the complainant Abdul Hasan, P.S. Gahmar, District Ghazipur. The deceased was the son of the elder brother of the complainant and had come to the village from Calcutta about 2 or 21/2 months before the incident, as he was to go to Aligarh for further education. Due to riots in Aligarh he was staying in the village. He was about to leave for Aligarh next day of the incident. The F.I.R. was lodged by Abul Hasan, PW 1 at the concerned Police Station on 27-11-1978 at 8.30 p.m. The complainant Abdul Hasan, PW 1 had gone to ease himself in the jungle after leaving the victim Parvez in the Baithak of his house. The victim was studying in the said Baithaka in the light of a lantern and was sitting on a Gadda placed on the Pual (Paddy straw). The glowing lantern had been kept in the window of the Baithaka. The complainant's servant Suraj Nath had also left the Baithaka to go to his house to take his food. After a while the victim's grandmother Asharfi Bibi called the victim to take food. Her call went unanswered. She came out of the main door of the residential house and saw a man wearing Lungi coming out of the Baithaka. As her eyesight was weak, she could not recognise him. She enquired as to who he was but did not get any reply. Thereafter she went inside the Baithaka and found the victim Parvez lying murdered. She wailed and wept. A number of villagers assembled. The complainant Abdul Hasan also returned after easing himself and went to lodge the F.I.R. The police investigated . Inquest report and related papers were prepared and the dead body was sent for post mortem which was conducted on 29-11-1978 at 7 p.m. by Dr. S.C. Mishra, PW 8. The following ante-mortem injuries were found on his person. (1) Incised wound 20 cm. x 9 cm. on right side of neck 5 cm. below, the lower pole of right ear, start from back of neck 8 cm below the occipital tuberance passes in front of neck to left side of neck up to 10 cm. below the lower pole of left ear. (i) Neck vessels of right side cut. (ii) Thyroid cartilege cut (iii) Pharynx-cut (iv) Larynx cut (2) Incised wound 3 cm. x 1 cm. x cavity deep on right side of chest 8 cm. below from the right nipple. (3) Incised wound 5 cm. x 1 cm. x skin deep on left side of neck. Just below the lower pale of left ear. (4) Incised wound 2 cm. x 5 cm. x skin deep on left side of neck 3 cm. below injury No. 3 (5) Incised wound 1.4 cm. x 5 cm. x skin deep on left side of shoulder (Ant. aspect). (6) Incised wound 2 cm. x 1 cm. x skin deep on right arm (Ant. Aspect) 20 cm. below the shoulder joint. (7) Incised wound 4 cm. x 5 cm. x skin deep on right forearm and Ant. aspect 12 cm. below the injury No. 6.

(3.) Pasteable food was found in the stomach. The death had occurred due to shock and haemorrhage due to ante-mortem injuries Nos. 1 and 2.