RAM RATAN Vs. STATE OF U P

JUDGEMENT

(1.) The appellant/accused Ram Ratan has filed this appeal, against the judgement and order dated 24.05.1983 passed by the learned Special/Additional Sessions Judge, Pilibhit in Session Trial No. 10 of 1983 (State v. Ram Ratan), arising out of Case Crime No.217 of 1982, P.S. Bilsanda, District Pilibhit, convicting the appellant/accused for the offence under section 302 I.P.C. and sentencing him to imprisonment for life, on the ground that the conviction of the accused is against the material evidence available on record and the sentence awarded to the appellant/accused is excessive.

(2.) Brief facts of the prosecution case are that two sons of the deceased Ram Bhajan namely Puttu Lal and Ram Ratan were living separately and their father Ram Bhajan (now deceased) was living with his younger son/accused Ram Ratan. The deceased Ram Bhajan owned 24-25 Bighas of agricultural land. Earlier, before the date of occurrence, he distributed 50 Kgs. of the paddy to his son Puttu Lal, informant also. On 28.10.1982 at about 3.00 P.M. when Ram Bhajan (now deceased) was thrashing the paddy in front of the door of Daya Ram, he suggested his younger son Ram Ratan (accused) to part with some paddy to his elder son/informant Puttu Lal. Ram Ratan opposed the suggestion, by saying that not even a single grain shall be given to Puttu Lal, which evoked altercation between the Ram Ratan accused and Ram Bhajan. Meanwhile, the enraged accused Ram Ratan brought a sword from his house and cautioned his father Ram Bhajan that he would kill him, if he tried to part with a single grain to Puttu Lal, also charging his father that earlier, too, he had distributed 50 Kgs. of paddy to Puttu Lal. Whereupon Ram Bhajan (since deceased) replied that Puttu Lal also happened to be his son, so he certainly would give the paddy to him. Getting infuriated by the said reply accused Ram Ratan started inflicting repeated sword blows on Ram Bhajan, who tried to run away but fell down after being struck by a peg and resultantly, succumbed to the fatal sword injuries instantly, in front of the door of Hori Lal. On hearing the hue and cry raised by the informant and his neighbours, Daya Ram, S/o Ghurai, Hori Lal, S/o Sri Ram and also many other villagers arrived there and witnessed the incident. Thereafter, on being reprimanded by them (the witnesses) the accused Ram Ratan fled away with the sword, from the scene of occurrence. Leaving the dead body of his father Ram Bhajan lying in front of the door of the aforesaid Hori Lal, the informant, Puttu Lal gave written report (Exhibit Ka-1) of this incident to the Head Moharrir Ram Das Sharma at the Police Station Bilsanda, District Pilibhit at about 5.20 P.M. on the same day.

(3.) Subsequently, a chik FIR (Ext.Ka-2) was registered as Case Crime No. 217 of 1982 under section 302 IPC, which was entered in the General Diary (G.D.) (Ext.Ka-3), by the Head Moharrir Ram Das Sharma. Investigation of the case was conducted by the Sub Inspector Feru Singh Yadav, P.S. Bilsanda, District Pilibhit (PW-4). After conclusion of the investigation, charge sheet was submitted by him against the accused Ram Ratan. Thereafter, the case was committed to the court of Sessions, where he was charged for the offfence under section 302 IPC by the Special/Additional Sessions Judge, Pilibhit. The accused appellant denied the charge and pleaded not guilty. He further stated that he had falsely been implicated in the instant case due to enmity with regard to agricultural property and claimed to be tried.