RAM KARAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Code of Criminal Procedure), is directed against the judgment and order dated 10.8.2000 passed by the 1st Additional Sessions Judge, Haridwar in Sessions Trial No. 201 of 1994, State of U.P. v. Ram Karan, vide which Appellant has been convicted under Section 302 Indian Penal Code and sentenced to rigorous imprisonment for life.

(2.) The criminal law was set in motion on the oral report made by Constable Baleshwar Tyagi, which was recorded by Head Constable Anand Prakash PW7, on the basis of which chick FIR Ex. Ka-1 was recorded. PW1 Constable Baleshwar Tyagi, along with Constable Ved Ram, was on picket duty in Devpura area of Haridwar, when they were informed at about 11 O'clock by an informer that Saradar Ram Karan R/o Mohalla Nai Basti had murdered his uncle Vidhi Chand at about 10.45 am by causing electric burn injuries. The informer also disclosed that PW5 Omkar Singh and PW6 Guruvachan Singh, who were visiting Haridwar in connection with the publicity of their medicines, had also witnessed the occurrence. However, they did not take any action and slipped away towards Himalaya Hotel, Haridwar from the spot. On receiving the information from the informer, both Baleshwar and Ved Ram went to the spot and found that dead body of a person was lying on the cot. They also found accused Ram Karan standing near the cot, and was disconnecting an electric wire from the legs of the dead body of Vidhi Chand. The accused was apprehended on the spot along with the electric wire. Both Baleshwar and Ved Ram brought the accused and the electric wire recovered from him to the police station and got the report lodged. The investigation was undertaken by PW4 S.I. Man Singh, who prepared the inquest report Ex. Ka-5 and sealed the dead body and sent the same for post-mortem along with letter to the C.M.O. Ex. Ka-6. Other papers, viz., R.I. report Ex. Ka-7, sketch of the dead body Ex. Ka-8, sample of seal Ex. Ka-4 and Ka-9, chalan lash Ex. Ka-10 were also prepared along with the inquest report. The post-mortem was conducted by PW3 Dr. R.K. Pandey at District Hospital, Haridwar on 18.8.1993 at 11.30 am. The postmortem report is Ex. Ka-3.

(3.) On examination of the dead body, Dr. R.K. Pandey found the following ante mortem injuries on the person of the deceased: