ANANT RAM Vs. STATE OF U P
LAWS(ALL)-1984-8-67
HIGH COURT OF ALLAHABAD
Decided on August 16,1984

ANANT RAM Appellant
VERSUS
STATE Respondents

JUDGEMENT

S.I.Jafri, J. - (1.)Appellant Anant Ram has filed this appeal against his conviction and sentence recorded by Sri V.S. Agarwal, II Addition District and Sessions Judge, Budaun by his judgment order dated 12-4-1977. The appellant Anant Ram was convicted under Sections 364 Indian Penal Code, 302 Indian Penal Code and 201 Indian Penal Code and sentenced to four years R.I. under Section 364 Indian Penal Code; to life imprisonment under Section 302 Indian Penal Code and to two years R.I. under Section 201 Indian .Penal Code respectively. The Sessions Judge had acquitted the co .accused Sewak Ram, Sant Ram and Ashok Kumar of the charges under Sections 364 Indian Penal Code, 302 Indian Penal Code and 201 Indian Penal Code. The appellant Anant Ram and co-accused San too Ram are the sons of Sewak Ram while the accused Ashok Kumar was closely related to the appellant, and all the appellants are Brahmins by caste.
(2.)The prosecution case is that there was one Laxmi in the village Risauli in the district of Budaun against whom two criminal cases were registered. In one of the cases Sewak Ram accused, the father of the appellant Anant Ram, had stood surety for him and in the other case Thakuri, the father of the deceased Khubi Singh, had stood surety for him. It is said that sometime after the release of Laxmi from jail, Laxmi died and Sewak Ram accused put his lock in his house on the ground that he had stood surety for him. It is alleged that about 8 or 10 days before the murder, Khubi Singh was sitting at his door when Sewak Ram, along with his sons Anant Ram and 8antoo Ram and also Ashok Kumar were returning back from the jungle and when they came infront of the house of Khubi Singh, Khubi Singh remarked that his father had also stood surety for Laxmi so he was also entitled to get possession over the house of Laxmi. This remark of Khubi Singh enraged Sewak Ram who threw stone on Khubi Singh which in return was thrown on Sewak Ram by Khubi Singh and after some exchange of hot words the parties were separated on the intervention of the people of the village. The prosecution case further is that on 7th April 1976, Khubi Singh had gone to answer the call of the nature along with Jagan (P.W. 2) at about 8 or 9 P.W. and while they were washing their hands at the well of Jandel Singh, the four accused persons overpowered Khubi Singh. At that time the appellant Anant Ram and the co-accused Santoo Ram were armed with guns while the accused Ram Sewak and Ashok Kumar were armed with lathis. P.W. Jagan entreated the accused to spare Khubi Singh but they refused and forcibly took away Khubi Singh with them towards northern side in the jungle. Jagan then immediately came back to the village and informed Thakuri. the father of Khubi Singh about the happening. Thakuri (P.W. 1) along with Jagan (P.W. 2) and P.W. 3 Pokhey rushed towards the place from Khubi Singh was abducted in search of Khubi Singh. Jagan (P.W. 2) and Pokhey (P.W. 3) had torches with them and when they reached the grave yard they heard the voice of Khubi Singh who was saying, Panditji do not kill me and I will not go to take possession over the house of Laxmi. P.Ws. Jagan and Pokhey at once flashed their torches on hearing the voice of Kbubi Singh and in the light of torches they bad seen the four accused standing there and at that moment the appellant Anant Ram fired at Khubi SlOgh with his gun and he fell down on the spot. Thakuri. Jagan. Pokhey and Jogender raised alarm but the accused threatened them and also proceeded towards the witnesses whereupon on account of fear P.W. Thakuri. Jogender, pokhey and Jagan had run away to the village. After returning to the village P.W. 1 Thakuri collected some persons and returned to the placeT where Khubi Singh had fallen down in search of Khuoi Singh but neither Khubi Singh nor the accused were found there and Thakuri and others had again returned to the village. It is further stated that the next morning Thakuri and others went to the jungle in search of Khubi Singh and they found some blood near the tube well of Sushil Kumar. Following the trial of blood, they reached the field of Ram Beti where they found underwear Ex. 1 of Khubi Singh deceased, Baniyan Ex. 2 and Shirt Ex. 3 belonging to Khubi Singh were also found in the field of Soran Singh and ultimately at a distance of one and half miles from there, the dead body of Khubi Singh was found in the well of Narain Singh. P.W. Thakuri went to the police station Bilsi and dictated an oral report of the occurrence to P.W. 6 Rajendra Kumar, Head Constable who prepared the chik report copy of which is Ex. Ka -I. He also registered the case in the General Diary of the Police Station. Girish Chandra, S.I. was entrusted with the investigation of the case. According to P.W. Girish Chandra the case was registered in his presence at the Police Station and he recorded the statements of P.Ws. Thakuri and Kunwar Singh at the Police Station and then he proceeded to the place of occurrence along with the complainant and got the dead body of the deceased taken out from the well of Narain Singh and Prepared the Inquest Report on the dead body of Khubi Singh and the said report is Ex. Ka-4. The S.I. then sent the dead body of Khubi Singh to the mortuary through Constable Qudrat AU (P.W. 5). He then,prepat:ed the site plan of the place where the dead body of Khubi Singh was recovered which is Ex. Ka-7. He, then, recorded the statements of P.W. 3 Pokhey and P.W. 7 Jagannath Singh. He also inspected the place where Khubi Singh was fired at and prepared site plan which is Ex. Ka-8. The dead body of Khubl Singh which was taken out from the well of Narain Singh was headless and nacked. The S.I. also took the plain and the blood stained earth from the place of occurrence. He had also taken possession of underwear, shirt and baniyan of Khubi Singh.
(3.)Dr. E.A.K. Tewari (P.W. 4) conducted the autopsy on the dead body of Khubi Singh on9.4.76 in the District Hospital. The doctor found the following ante-mortem injuries on .the person of Khubi Singh.
1. Abrasion 21/2 cm x 0.5 cm-9 cm below left nipple of 5 QT Clock position. 2. Multiple abrasions in an area of 7 cm x 3 cm x 5 cm from the left nipple of 7 Oclock. 3. Abrasion 3 cm x 1.9 cm on dorsum of left hand. 4. Abrasion 4 cm x 1.5 cm on outer side of upper part of left thigh. 5. Abrasion 1.5 cm x 0.5 cm on left knee. 6. Multiple abrasions in an area of 15 cm x 4 cm on the skin and outerside of left leg. 7. Multiple abrasion in an area of 3 cm x 1 cm x 3 cm below injury No.5. 8. Multiple abrasions in an area of 30. cm x 26 cm involving both buttocks. 9. Incised wound 11 cm x 9 cm with a circumference of 34.5 cm at the leval of upper part of last servical vertebra severing all the structers of neck. 10. Gun shot wound of entry 1.5 cm x 1 cm with an area of 3 cm x 2.5 cm on the lower part of back of left side of chest surrounded with blackening. 11. Six gun shot wounds of exit in an area of 7 cm x 5 cm at 9 Oclock position left nipple of 4 cm away from it.



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