STATE OF UTTAR PRADESH Vs. RAMESH

JUDGEMENT

(1.) This is a Government Appeal against the judgement and order dated 18-5-1994 passed by Sri R.S. Maurya, the then Assistant Sessions Judge, Jhansi in Sessions Trial No. 126 of 1991, under Sections 308/34 I.P.C. State v. Ramesh and others, Police Station Chirgaon, district Jhansi whereby he acquitted the accused-respondents Ramesh, Har Narain, Kripa Ram and Siya Sharan under Section 308/34 IPC.

(2.) The accused - respondents Ramesh, Har Narain and Kripa Ram were real brothers inter se. All the four accused - respondents, Brindavan injured and his brother Daya Ram informant were residents of Village 'Aupara', Police Station Chigaon, district Jhansi. Brindavan injured had purchased agricultural field of Lampu in the village.

(3.) The prosecution case was that on 21- 8-1989 at about 10.00 A.M. when Brindavan injured was ploughing his agricultural field in the village, Ramesh, Har Narain, Kripa Ram and Siya Sharan accused-respondents came there and asked him as to why he purchased the agricultural field of the Lampu to which he replied that if he had purchased the field of Lampu, he had paid money for it; that at that time, Ramesh accused-respondent carried a Khuluwa while Har Narain and Kripa Ram accused-respondents carried lathis, that Ramesh, Har Narain and Kripa Ram accused-respondents started abusing him while Siya Sharan accused-respondent exhorted them to kill him whereupon Ramesh accused-respondent assaulted Brindavan injured with Khuluwa while Har Narain and Kripa Ram accused respondents assaulted him with lathis and inflicted various injuries on his body; that the occurrence was seen by his real brother Daya Ram (P.W. 2); Chhotey Lal, Km. Meera daughter of Brindavan injured and Smt. Parvati wife of Daya Ram informent; that Daya Ram informant took the injured Brindavan to the Police Station and lodged a written F. I. R. at the police station on the same day at 11.00 A.M. the distance of the police station being 5 Kms. from the place of occurrence; that on the basis of this report, a Chik report was prepared and a case was registered against all the accused - respondents for the offences under Sections 325/324/504/506 I.P.C.