RAM SWAROOP Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is by the accused persons against the judgment and order of the High Court of Allahabad by which the High Court after setting aside the order of the acquittal convicted five appellants namely Ram Swarup, Parmeshwar Din, Radhey Shyam, Anant Ram and Satya Dev under Ss. 148, 302/149 and 307/149, I.P.C. They were sentenced to life imprisonment under Ss. 302/149, I.P.C. and five years rigorous imprisonment under Ss. 307/149, I.P.C. They were also sentenced to one year rigorous imprisonment for the offence under S. 148, I.P.C. Sentences were to run concurrently.

(2.) Briefly stated the prosecution case is that on 6-9-1977 at about 6.30 a.m. Rameshwar had gone to his grove where he was confronted by the accused who were armed with deadly weaons, accused-Ram Swarup had a gun, Parmeshwar had Kanta, both Anant Ram and Satya Dev had Sooja and Radhey Shyam had Kanta. It has been alleged by the prosecution that accused had earlier enmity. Rameshwar ran towards the house raising alarm and he was chased by accused. When he reached near his house his father Jagannath and brother Raja Ram came out from the house raising alarm. Two other brothers of Rameshwar and other villagers came to the spot. Ram Swarup fired from his gun at Raja Ram and other accused started assaulting Rameshwar and Jagannath with their respective weapons. Thereafter accused fled away but accused-Satya Dev was apprehended at the post.

(3.) Accused-Ram Swarup, Parameshwar Din, Satya Dev and Anant Ram are brothers and accused-Radhey Shyam is son of accused-Anant Ram. Rameshwar (P.W. 1) is the son of Jagannath (P.W. 7) and deceased Raja Ram was also the son of Jagannath (P.W. 7).