Back
ALLAHABAD HIGH COURT
M.C. Jain and M. Chaudhary, JJ.
State of U.P.
Versus
Asharam Cheda Lal
Government Appeal 1567 of 2001
Decided On : 28 April 2005
Government Appeal 1567 Of 2001
Assault - Criminal Law - Section 304 IPC - The judgment discusses the incident where the accused-respondent Asha Ram assaulted Ganga Ram resulting in his death. The court analyzed the evidence and found that Asha Ram was guilty of the offence punishable under Part II of Section 304 IPC. The acquittal of other accused-respondents was upheld.
Fact of the Case:
The incident involved the accused-respondent Asha Ram assaulting Ganga Ram, resulting in his death. The trial judge acquitted the accused-respondents, which was challenged by the State.
Finding of the Court:
The court found that the prosecution had proved by satisfactory evidence that Asha Ram was the assailant and had committed the offence falling under Part II of Section 304 IPC. The acquittal of other accused-respondents was upheld.
Issues: The main issue was to determine the guilt of the accused-respondents in the assault on Ganga Ram and the resulting death.
Ratio Decidendi: The court carefully scrutinized the evidence and found that Asha Ram was guilty of the offence punishable under Part II of Section 304 IPC. The acquittal of other accused-respondents was upheld due to the doubtful evidence.
Final Decision: The appeal was partly allowed, upholding the acquittal of accused-respondents Raghu Nandan, Ram Autar, Phool Singh, and Siya Ram, but setting aside the acquittal of accused-respondent Asha Ram. Asha Ram was held guilty and sentenced to undergo seven years rigorous imprisonment.
( 1 ) THE State has filed this appeal against the judgment of acquittal dated 14. 2. 2001 passed by Sri s. B. Singh, the then II Additional Sessions Judge, Mainpuri in S. T. No. 297 of 1996. The accused-respondent are five real brothers, namely, Asha Ram, Raghunandan, Ram Autar, Phool singh and Siya Ram. The incident allegedly occurred on 11. 9. 1995 at about 8. 00 P. M. near the shop of Kishori in village Sultanganj, Police Station Bichhawan, District Mainpuri and the F. I. R. was lodged on 12. 9. 1995 at 3. 15 A. M. by Pitam Lal PW 1 (eyewitness ). In the incident, one ganga Ram lost his life.
( 2 ) IN broad essentials, the prosecution case was that Pitam Lals son Ram Singh was sitting at the shop of Kishori. Radhey Lal, Satendra and Udaiveer were also sitting there. The accused Asha ram came there and spoke about some quarrel having taken place at the bus stand. Radhey Lal advised him to go home. Asha Ram got annoyed of it. Ram Singh got up to go to his home. Satendra also advised Asha Ram go to his home. Asha Ram slapped Satendra and started abusing him. On shouts, remaining accused-respondents Ram Autar, Raghunandan, Phool Singh and Siya Ram also appeared there with lathis and started quarrelling with Satendra. Other villagers also collected there. Pitam Lals maternal uncle Ganga Ram also happened to come there and tried to intervene with folded hand to pacify both the quarrelling parties. Asha Ram struck a lathi blow on the head of Ganga Ram who fell down receiving the blow. He was removed to District Hospital Mainpuri by Anil Gupta, Anar Singh and Ramesh, but he succumbed to his injuries by the time he could be reached District Hospital Mainpuri. On the lodging of the F. I. R. , a case was registered. Investigation followed as usual culminating in the submission of charge-sheet and the trial.
( 3 ) IT should be related here that the post mortem over the dead body of deceased was conducted by Dr. Sudhir Kumar PW 7 on 12. 9. 1995 at 2. 00 P. M. The deceased was aged about 60 years and about three-fourth day had passed since he died. The following ante-mortem injuries were found on his person:
1. Contusion 4 cm x 2 cm over back of right shoulder, 3 cm below from top. 2. Contusion 5 cm x 2 cm over top of left shoulder. 3. Contusion 3 cm x 2 cm over middle of back, over backbone. 4. Abraded contusion 8 cm x 6 cm on right side of back of chest, 10 cm below inferior angel of right scapula. 5. Contusion 8 cm x 2 cm on left side of head, 6 cm above left ear. The cause of death was coma due to ante-mortem injuries.
( 4 ) IT should be related here that accused Asha Ram was also injured whose injuries were examined on 11. 9. 1995 at 11. 00 P. M. by Dr. Sudhir Kumar. Following injury was found on his person: lacerated wound 2 cm x 0. 5 cm x bone deep on left side of head, 7 cm above left ear. Fresh bleeding present. Injury kept under observation and advised X-Ray.
( 5 ) THE defence was a denial and false implication owing to party factions.
( 6 ) AT the trial, the prosecution examined Pitam Lal PW 1 Satendra Singh PW 2 and Ram Singh pw 3 as eyewitnesses, apart from doctor of autopsy and witnesses related to the investigation of the case. Dr. Sudhir Kumar was examined as DW 1 also by the accused to prove the injury report of Asha Ram.
( 7 ) THE prosecution case did not find favour with the trial judge who recorded the judgment of acquittal which is under challenge from the side of the State.
( 8 ) WE have heard Sri K. P. Shukla, learned A. G. A. for the appellant-State and Sri P. N. Misra, learned senior Advocate for the accused-respondents. We have carefully examined the evidence.
( 9 ) THE State counsel submitted that the trial judge recorded acquittal on flimsy grounds. On the other, the learned counsel for the accused-respondents attempted to support the acquittal recorded in their favour. He urged that true genesis of the incident had been concealed; that there were material contradictions in the testimony of eyewit
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
