- (1.) THIS appeal, preferred by the solitary appellant Ramjanak, arises out of judgment of conviction and order of sentence passed by the learned IV Additional Sessions Judge, Gorakhpur on 23.11.1982 in Sessions Trial No.26 of 1982, by which the appellant was held guilty of committing offence under Section 302 I.P.C. and after being heard on sentence, was directed to suffer rigorous imprisonment for life.
(2.) THE short facts leading to the present appeal may be noticed. The written report of deceased Ram Dev was the basis of prosecuting the present appellant. It was stated that he had alienated a land situated west of his house to the present appellant, who had constructed a house and that construction was made after encroaching upon some of the land of the deceased in excess of the area which was sold by him. The deceased stated that he protested on many occasions, but the appellant was not paying any heed to his protest and continued avoiding it. It was stated that on 27.7.1981 while the deceased was going to attend to the call of nature at about 7.30 a.m. and when he had come in front of the Darwaja of this appellant, he started quarreling with the deceased so much so that they entered into a scuffle. Persons, like, Prem Harijan (not examined) Phool Chand (PW-1), Ramji (not examined)and others, who reached there intervened in the scuffle and separated the deceased and the appellant. But, in the meantime the appellant picked up a Tangi which was lying at his darwaja and wielded a blow with that on the head of the deceased causing a serious injury to him.
(3.) AS per the prosecution story the written report was dictated by the deceased Ram Deo to PW-4 Mewa Lal, who presented the same before the Officer Incharge of Gagaha Police Station in the district of Gorakhpur, upon which the case was lodged and the deceased was sent for medical examination conducted by PW-8 Dr.V.N.P.Baranwal, who found the following injuries on his person:- I) Incised wound of 1.0 cm x 2 cm x bone deep on right side of the head. The brain tissues appear coming out of the wound. II) Lacerated wound 1 cm x 1 cm. muscle deep on left chest. Dr.V.N.P.Baranwal(PW-8) was of the opinion that the injury no.1 was caused by some sharp cutting weapon and injury no.2 was caused by a hard blunt object.;