Pramod Kumar Srivastava, J. - (1.) THIS appeal has been preferred against the judgment of conviction and punishment dated 28.02.2015 passed by Additional Sessions Judge/Special Judge (E.C. Act), Budaun in S.T. No. 871 of 2011 (State v. Ghasi Ram & Others) under Section 302/34 IPC in case crime No. 360/2011, p.s. Kadar Chauk, Budaun. By this judgment each of the three accused -appellant had been convicted for charge under section 304/34 IPC and sentenced to imprisonment for life and fine of Rs. 25,000/ - (in default of payment additional imprisonment for six months).
(2.) THE prosecution case in brief is that on 21.05.2011 at about 3.30 p.m., Ghasi Ram, Nannaku, Maharaj Singh and Ashok had assaulted Virendra Pal Singh (father of informant Ajit Kumar) with fists and kicks. This incident was seen by Ram Das and Keshav, who intervened and took the injured Virendra Pal Singh to hospital, where he was declared dead. Victim's son Ajit Kumar (PW -1) lodged the FIR on the basis whereof case crime number 360/2011 was registered. After completion of investigation charge -sheet was submitted against the said four accused, but during trial Maharaj Singh died. Sessions Trial No. 488/2005 was held against the remaining three accused (appellants), and upon conclusion the accused were convicted as above for the offence u/s. 304 (First part) read with 34 IPC. This judgment is under challenge in present appeal.
(3.) THE learned counsel appearing for the appellant admitted the death of Virendra Pal Singh due to injuries caused by appellants as charged but contended that it may be a case of causing simple hurt and not of culpable homicide. He pointed out that the medico -legal evidence does not prove it a case of inflicting injuries likely to cause death, as the doctor PW -4 Sher Singh Kakkar, who performed post -mortem, and prepared the report (Ex. Ka -4) has not confirmed the possibility of death due to injuries by fists and kicks.;