M. K. Mukherjee, J. - (1.) Rohtas and his father Ram Mehar, the two appellants before us, and three others were placed on trial before the 3rd Additional Sessions Judge, Meerut to answer common charges under Sections 148, 302/149 and 307/149, IPC. Against Ram Mehar an alternative charge under Section 302, IPC was also framed. The trial ended in conviction of Rohtas under Sections 307 and 302/34, IPC and of Ram Mehar under Section 302 and 307/34, IPC and acquittal of the other three. As the appeal filed by them against their convictions was dismissed by the High Court the appellants have preferred this appeal after obtaining special leave.
(2.) Briefly stated the prosecution case is as under: (a) In the year 1981 Mangat Singh (P.W.2) was the agent of Northern Railways for Fakharpur (Halt) Railway Station and he was authorised to sell railway tickets to passengers entertaining at that station and check passengers alighting there and collect their tickets. On April 22, 1981 at or about 1.45 P.M. when a passenger train came from Shahdara and stopped at the station Rohtas, who is a Sepoy in Railway Protection Force, detrained in mufti. Shiv Charan (the deceased) a brother of Mangat Singh, also got down from the same train. When Mangat Singh demanded ticket from Rohtas he abused him saying how could he dare to ask for ticket from him. To this Mangat retorted and then Rohtas left the place in a huff. A few minutes later Rohtas came back with Ram Mehar and three others (since acquitted). While both the appellants were armed with ballams (spears) the others had lathis with them. Rohtas struck a blow on the right arm of Mangat and Ram Mehar on the right of stomach of Shiv Charan with their respective ballams as a consequence whereof the latter fell down. The other accused assaulted them with their lathis. The two brothers then raised alarm and some villagers reached the spot. In the meantime, the accused persons fled away. (b) Sita Ram (P.W.1), another brother of Mangat and Shiv Charan, then took the two injured to the hospital but on the way Shiv Charan succumbed to his injuries. Sita Ram then went to Khekra Police Station and lodged a report about the incident. On that information a case was registered and Sub-Inspector Yogender Pal Singh (P.W.8) took up investigation. He first went to the Government hospital and held inquest on the dead body of Shiv Charan. He then recorded the statement of Mangat Singh and thereafter left for Fakharpur Railway Station. There he prepared a site plan and took possession of a dhoti and kurta of Mangat which were blood stained. He also collected some blood stained earth from the spot. On completion of investigation the police submitted charge-sheet and, in due course, the case was committed to the Court of Session.
(3.) The appellants pleaded not guilty to the charges levelled against them and contended that they had been falsely implicated out of enmity. In his examination under Section 313 Cr. P.C. Ram Mehar stated that on April 22, 1981 at or about 10 A. M. while he was working in his field, Rajinder, a nephew of Sita Ram, trespassed there and released his cattle. He (Ram Mehar) abused and slapped Rajinder and removed him and his cattle from his field. In the afternoon when he was on his way back to the field after taking his lunch in his house and had reached the railway gate Sita Ram, Mangat, Shiv Charan and Rajinder attacked him with spear and iron rod. To defend himself he snatched the spear Shiv Charan was carrying and gave him a blow with it. Ram Mehar also gave a written statement to the above effect. The plea of the other appellant, namely, Rohtas was that at the time of the incident he was at Safdarjung Hospital, New Delhi for getting medical treatment.;