S.K.JAIN, J. - (1.) Roop Ram son of Dala, Mangal son of Mohan, Hori Lal son of Ulla, Babu Ram son of Mangal, Ram Autar son of Tika Ram, all traders and resident of village Chamaranpurwa, Police Station Derapur, District Kanpur were arrested, charged and tried under Ss. 147, 149, 302, 323, IPC. Accusation against them was that on 7-7-1973 at about 5.00 p.m. Sarvashri Anrugh Singh PW 2, Ram Bhajan, Sheo Dayal and Ram Das were present and talking with Sarvashri Genda Lal PW 3, Mewa Lal and Chhedi lal in front of the house of Sri Krishna. Smt. Ram Dulari, mother of Ram Shankar, the complainant arrived there carrying two buckets and a rope in order to carry water from the well of Mangal accused which was also situated in front of his house. All the accused persons armed with lathies were present there. Mangal asked Smt. Ram Dulari not to draw water from the well. At the same time, all the accused persons started abusing her. Babu Ram accused threw away her buckets. On the exhortation of Mangal, Roop Ram accused dealt a lathi blow on her person whereas Hori Lal gave a kick blow in her abdomen. When her son Ram Shankar PW 1 tried to save her, he was also given a lathi blow by Ram Autar accused. Other persons present there did not intervene because the accused had threatened to give a thrashing to the person who tried to intervene. Thereafter the accused ran away from the spot along with their respective weapon. Smt. Ram Dulari died on the spot.
(2.) In order to prove its case prosecution examined the complainant and injured eye-witness. Ram Shankar PW 1 who was corroborated by other two eye-witnesses Anrugh Singh and Genda Lal. Dr. J. S. Lakhera who conducted post-mortem examination on the dead body of Ram Dulari and Dr. H. C. Mathur who had medico-legally examined Ram Shankar were examined as PW 6 and PW 4 respectively. Prem Chandra, Company Commander, PAC, Fatehpur who was posted as ASI, Derapur Police Station at the relevant time and had investigated the case stepped in the witness box as PW 7. He has proved various steps that he took in the progress of the investigation. PW 8 Shyam Sunder Srivastava, Clerk of Deputy C.M.O. Office, Kanpur and Constable Bachani Lal PW 9 were examined on affidavits as their evidence was of formal nature and the learned public prosecutor had no objection in their being so examined.
(3.) The learned trial court believed the ocular account given by three eye-witnesses corroborated by medical evidence and convicted and sentenced the accused as under :- (i) Accused Roop Ram, Hori Lal, Mangal, Babu Lal and Ram Autar were convicted under S. 302 read with S. 149, IPC and sentenced to undergo life imprisonment. (ii) All of them were also convicted under S. 323 read with S. 149, IPC and sentenced to R.I. for one year each. It is above said judgment of conviction and order of sentence, both dated 7-8-1977, passed by II Addl. Sessions Judge, Non-Metropolitan Area, Kanpur which has been challenged in this criminal appeal by the convict appellants.;