DAYA RAM Vs. STATE OF U. P.

LAWS(ALL)-2021-2-25

HIGH COURT OF ALLAHABAD

Decided on February 05,2021

DAYA RAM Appellant

VERSUS

STATE OF U. P. Respondents

JUDGEMENT

Dinesh Kumar Singh,J. - (1.) Appeals 1.1 The instant criminal appeals under Section 374 (2) CrPC have been preferred by the three accused-appellants, namely Daya Ram, Jay Singh and Mahendra alias Madan against the impugned judgment and order dated 20/21.09.2007 passed by the Additional Sessions Judge/F.T.C.-VIII, Lucknow in Sessions Trial No.0193 of 2003, arising out of Crime No.0149 of 2002 under Sections 307, 302, 504 and 506 IPC lodged at Police Station Bakshi-Ka-Talab, District Lucknow. The trial Court did not find charge under Section 504 and 506 IPC read with Section 34 IPC proved against all the appellants beyond reasonable doubt and, therefore, acquitted them from the charges under the said sections. However, the appellants have been convicted under Section 302 IPC read with Section 34 IPC and, sentenced for life with fine of Rs.1,000/- each and, in the event of non-payment of fine, one month's additional simple imprisonment.
(2.) Prosecution Case 2.1 On the basis of written complaint, Exhibit Ka-1, from Murli Prasad, complainant, PW-2, FIR, Exhibit Ka-12, at Case Crime No.0149 of 2002 came to be registered on the same day i.e. 22.07.2002 at 10 a.m. under Sections 307, 504 and 506 IPC at Police Station Bakshi-Ka-Talab, District Lucknow. 2.2 As per the FIR, on 22.07.2020, at 6 a.m., the appellants, Daya Ram and, his two sons Mahendra alias Madan and Jay Singh, with an intention to forcibly take possession of land of Rakesh Kumar, were hammering a wooden stake (Khoota) on the land; when Rakesh Kumar objected then all the three appellants attacked Rakesh Kumar with lathis; appellant Mahendra hit lathi blow on the head of Rakesh, as a result thereof, he sustained serious injury and, fell down; he started vomiting and became unconscious; on raising alarm by Amar Singh, brother of Rakesh, sister Manorama and many villagers came running to the place of incident, then the accused-appellants fled away from the scene of occurrence, extending threat; the accused blocked the road and, therefore, the complainant could reach to the police station with Rakesh Kumar after he found the path clear; injured Rakesh Kumar was sent to the Primary Health Center from-where he was sent to Balrampur Hospital, Lucknow where he died on the same day at 3.50 p.m.; after his death, the offence under section 307 IPC was converted under Section 302 IPC. 2.3 After inquest proceedings, the postmortem of the cadaver of the deceased was conducted on 23.07.2020 at 2 p.m.; as per the postmortem report, Exhibit Ka-4; the following ante-mortem injuries were found on the body of the deceased:- i. Abraded contusion 3cm x 1cm on the right side forehead, 2cm above right eyebrow: ii. Contusion 12cm x 8cm on the right side head just above right ear; iii. Abraded contusion 3cm x 1cm on the front of right shoulder; iv. Contusion 7cm x 5cm on the front of right knee; v. Abraded contusion 1cm x 1cm on the back of left elbow; vi. Abraded contusion 5cm x 2.4cm on the front and mid of left leg; The cause of death was coma due to antemortem head injury.
(3.) Charges 3.1 The trial Court vide order dated 03.04.2003 framed charges against all three accused-appellants under Sections 302, 504 and 506 read with Section 34 IPC which the accused-appellants denied and claimed trial. ;

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