- (1.) K. K. Misra, J. This criminal appeal has been filed against the judgment and order dated 29-11-1980 passed by Shri S. R. Sagar, the then IV Additional Sessions Judge, Pilibhit in Sessions Trial No. A-45 of 1980 whereby he convicted the appellant Ram Swarup under Section 302 IPC and sentenced him to undergo rigorous imprisonment for life.
(2.) THE prosecution version as contained in the F. I. R. lodged by Gajraj Singh PW 1 (son of the deceased and an eye-witness) was that about 8 or 9 months before the date of incident, the murder of one Genda Lal of village Lalaurikhera had taken place. THE accused of the present case, namely, Ram Swarup Gangwar of the same village had come to the complainant's father Sher Singh after the said murder and started living with him. He remained at the house of the complainant for about 3 months and used to do household work. He used to say that due to "partibandi" in the village, the villagers wanted to implicate him in the aforesaid murder. THE police had also arrested the complainant's father Sher Singh (deceased) and Ram Swarup in that connection and a cycle and wristwatch connected with that murder were recovered from them. On account of this, the father of complainant faced defamation. THE complainant's father kicked out Ram Swarup from his house, rebuking him that due to him, he had to go to the police station. Inspite of the fact that the deceased Sher Singh had kicked out the accused Ram Swarup, on one pretext or the other, he continued to come to the complaint's house. About four months before the incident in question, the accused Ram Swarup was caught in village Lalpur while teasing women and since then the father of the complainant, Sher Singh deceased had totally prohibited accused Ram Swarup's entry to his house. THE deceased Sher Singh, father of the complainant, had scolded and beaten his own wife Smt. Roopdai and asked her not to talk with Ram Swarup and not to allow him to come to the house. Due to this reason, the accused Ram Swarup entertained enmity against the complainant's father, deceased Sher Singh. On the night of the incident, the complainant, his brother, mother, sister and father were sleeping in the house under the 'khaprail' on the cots and a lantern was hanging glowing on the wall on a peg. Their servant, namely, Babu Ram who belonged to the complainant's father's village Bhoujipura, P. S. Sheeshgarh, District Bareilly was also sleeping in the house under the 'chappar' (thatch ). On the cries of the complainant's father in mid-night, the complainant, his mother, sister and servant awoke and saw that the accused Ram Swarup with long knife (Chhuri) and his another companion with a small knife were assaulting the complainant's father Sher Singh and two other persons had caught hold the feet and hands of the complainant's father-deceased Sher Singh. The complainant and other members of the family raised alarm and his mother and sister opened the door and began to cry on which Chhedalal son of Deep Chand Gangwar, Nand Ram son of Ram Charan Gangwar, Chhedi Lal son of Puran Lal Gangwar with 'lathis' and flashing torches in their hands rushed to the spot. Ram Swarup accused said that 'sala' (deceased) posed himself as a man of great respect and after killing him, his dead-body should be carried away. Instantly, with the help of his three associates, he dragged the complainant's father from the cot and brought him in cattle shed and then began to take him out of the cattle shed, but having been challenged by the villagers and pressure of the inmates of the house, the accused ran away, leaving the complainant's father in injured position outside the cattle shed. The intestine of the deceased had come out of the stomach. They unsuccessfully tried to insert the intestine in the stomach. The father of the complainant was saying that Ram Swarup had killed him and that he should be taken to the hospital soon. By the time a dunlop cart was arranged, the complainant's father died. Inside the cattle shed the dead-body of the complaint's father was kept on the cot and the complainant's mother and village people were left there to look after the dead-body. Leaving them there, the complainant went to the police station to lodge the F. I. R. The same was lodged on 20-7-1979 at 3. 30 a. m. The distance of the Police Station was 3 km from the place of the incident. He alleged that he, inmates of the house and village people had recognized Ram Swaroop in the light of lantern and torches and the remaining three persons were recognized by their faces and they could he identified on coming face to face. The investigation of the case was entrusted to PW 4 S. I. R. S. Bora who arrived at the spot alongwith S. I. A. K. Gaur and some constables; prepared the inquest report of the dead-body of the deceased with other necessary papers; sealed his dead-body and sent the same for post-mortem examination. He also prepared the site-plan of the place of occurrence Ex. Ka-7. The I. O. then took blood stained 'kathri' in his possession. He also collected blood stained and simple earth from the place of occurrence, which he sealed and kept in two different tins. He also recovered the torches and lantern, which were found in working order. They were returned in the custody of their respective owners. P. W. 10 Dr. C. V. Singh, Medical Officer, District Hospital, Pilibhit conducted the post-mortem examination of the dead-body of the deceased Sher Singh on 20-7-79 at 1. 30 p. m. He found the deceased to be aged about 40 years and about half day had passed since he died. He found the following ante-mortem injuries on his person: (1) Incised wound 10 cm x 5 cm x cavity deep, placed transversely on upper abdomen. Tail of wound towards right side. Bowel coming out of wound. (2) Incised wound 6 cm x 3 cm x cavity deep on abdomen in right iliac fosa. Bowel coming out of wound. Tail of wound downwards. (3) Incised wound 2 cm x 1 cm x skin deep on left side chest. Tail downwards. (4) Contusion 2 cm x 1 cm on back of left hip. (5) Incised wound 2 cm x 1 cm on back of abdomen. Tail of wound downwards. (6) Abrasion 1 cm x 1/2 cm on upper hip in center. (7) Abrasion 1 cm x 1 cm on back of right elbow. (8) Abrasion 1 cm x. 5 cm on palm of left hand. (9) Abrasion 1 cm x 1 cm on back of left hand. (10) Abrasion 1 cm x 1 cm on back of left thigh. (11) Abrasion 2 cm x 1 cm on outer side of right hip joint.
(3.) THE Doctor opined that the death occurred due to haemorrhage and shock. The present accused appellant Ram Swaroop and one Mindhai Lal were arrested and put to trial. Midhai Lal was put up for identification. Ultimately, he came to be acquitted whereas Ram Swaroop, who was named in the FIR, has been convicted and sentenced.;