RAM VIR Vs. STATE

JUDGEMENT

(1.) The First Additional Sessions Judge, Meerut in the Sessions Trial No. 302 of 1978 had convicted Ziley, Ram Phal, Ram Bhajan, Ram Kishan, Ram Vir, Bhanwar Singh and Harendra under Sections 302/307 read with Sec. 149 Indian Penal Code. He further had convicted Ram Phal, Ram Bhajan, Harendra and Bhanwar Singh under Sec. 148 1. P. C. and Ziley, Ram Kishan and Ram Vir under Sec. 147 Indian Penal Code. All the appellants under Sec. 302 rent with Sec. 149 Indian Penal Code bad been sentenced to rigorous imprisonment for life and under Sec. 307 read with Sec. 149 1. P. C. to seven years regorous imprisonment. The accused Ram Phal, Ram Bhajan, Harendra and Bhanwar Singh each had been awarded a sentence of two years under Sec. 148 Indian Penal Code and Ziley, Ram Kishan and Ram Vir each had been awarded a sentence of one year under Sec. 147 1. P. C. The accused Ziley, Ram Phal, Ram Bhajan, Ram Kishan, Bhanwar Singh and Harendra aggrieved by the judgment and order of the Additional Sessions Judge filed the criminal appeal No. 1763 of 1979 and Ram Vir aggrieved thereby filed the criminal appeal No. 2007 of 1979. Both these appeals had been heard together.

(2.) The uncontroverted facts are that the report Ext. Ka-1 had been lodged in the Police Station Binauli at 9.15 A. M. on 3-5-1978 and thereupon the check report Ext. Ka-4 was prepared and by the G. D. entry Ext. Ka-5, this case had been registered against the appellants under Sections 302/307/324/323 read with Sec. 149 and under Sections 148 and 147 of the Indian Penal Code. It has. also not been assailed that before the above report had been lodged Virendra S/o. Kabool had died on account of the :juries inflicted and Daya Nand, another son of Kabool too was in a critical condition for -having been severely battered and the informant Kabool had also reached the Police Station with several wounds on his person. The post mortem examinations of Virendra had been done at 3.30 P. M. on 4-5-1979 by Dr. K. D. Sharma PW7 and his report Ext. Ka-6 shows Virendra to have sustained the following ante mortem wounds ;

(3.) The medical examination of Daya Nand had been done by Dr. V. Sinha PW3 at the Primary Health Centre, Binauli at 9.45 A. M. on 3-5-1978. He in his report Ex. Ka-2 found him to have sustained the following injuries :