- (1.) G. S. N. Tripathi, J. Both these appeals arise out of judgement dated 23-7-1979 passed by IIIrd Addl. Sessions Judge, Moradabad in S. T No. 742 of 1977 and 690 of 1978. By these judgements, the accused Mullu and Chuttan have been convicted under Section 324, IPC and sentenced go undergo 3 years' R. I. Accused Ram Charan has been convicted under Section 324/34, IPC and sentenced to undergo 3 years' R. I.
(2.) THE prosecution case started on the basis of an oral FIR, Exhibit Ka-1, lodged by Hari Shankar, PW1 at P. S. Bilari on 8-10-1976 at 7 p. m. He has alleged that he is a resident of village Aparput Tandi. His father died long ago. Thereafter, his mother remarried with Sheo Charan Pandit and he was living along with the mother at the house of the complainant. The real father of complainant had left 28 Bighas of land. Meanwhile the complainant's mother developed illicit relations with the accused Ram Charan. This development was not liked by the complainant. He several times asked his mother to desist from such relationship, but she did not relent. Nay, this objection of the complainant was not relished by her as well as Ram Charan. The accused are on friendly terms with each other. On 8-10-1976, the complainant was going to village Khokda. On the way a little away from village Khokda, the accused intercepted him. Ram Charan had a lathi, Mullu had a pistol and Chuttan had a knife. Ram Charan first asked him to behave properly if he wanted to live in the village and he should not poison his mind more than needed. The complainant did not say anything except denying any motive on his part. At the behest of Ram Charan, Chuttan pierced his knife in the body of the complainant. Thereafter Ram Charan further exhorted Mullu to fire at the complainant which he died. Thereafter, an alarm was raised. The persons nearby assembled. The accused retreated with their weapons. The complainant arrived at the Police Station Bilari on 8-10-1976, where he reported the matter. In fact, the incident took place in the jurisdiction of some other Police Station. The records were transmitted to that Police Station, from where the investigation started and finally a charge-sheet was laid.
(3.) THE complainant was examined at P. H. C. , Bilari in the same evening at 9. 30 p. m. by Dr. Y. K. Jain. He found the injuries as noted in the judgment of Addl. Sessions Judge. THE injuries were fresh in duration. X-ray was advised. X-ray was done at the District Hospital, Moradabad. No bony structure was found to be fractured. After usual investigation, a charge-sheet was laid against the accused under lection 307, IPC.;