RAM PRAKASH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) There were four persons in the array of the accused in respect of the murder of Mewa Ram on 5.12.1976. All the four were acquitted by the trial Court. The State of Uttar Pradesh preferred an appeal before the High Court challenging the order of acquittal. While the appeal was pending one of the accused (Satyapal) died. Hence the case against him stood abated. A Division Bench of the High Court set side the order of acquittal and convicted the remaining three accused for the offence under Sections 302 and 307 read with Section 34 of the Indian Penal Code and sentenced each to imprisonment for life on the first count and rigorous Imprisonment for five years on the second count. Thus these appeals could be filed by the appellants as a matter of right.

(2.) The summary of the prosecution case is as under : al (Bhagwan Saran) and A2 (Phalwan) are brothers. (Ram Prakash) was brother-in-law of Al (Bhagwan Saran). One Salik Ram (father of Al and A2) was the Pradhan of the village. At the instance of the deceased some action was taken against Salik Ram and he was suspended from the post of Pradhan. This is said to be background of the incident. From then on deceased became an eye-sore of the accused, according to the prosecution. It is alleged that on 5.1.1976 at about 10. 00 a. m. Public Witness 1 (Jagdish Prasad) and his uncle Harnarain were working in the field belonging to the deceased. Mewaram and his son Ramakant reached that field with breakfast and some drinks for Jagdish and Harnarain. At that time all the four accused reached there armed with firearms. One of the accused made an exhortation that the deceased should be killed. Then al (Bhagwan Saran) fired his gun on the deceased and A2 (Phalwan) fired his gun at public Witness 5 (Ramakant). The further allegation is that a3 (Satyapal) and A4 (Ram Prakash) also fired the rifle which they had with them, though none of such firing caused any injury to the deceased or anyone else.

(3.) When the deceased fell down all the four accused dragged him from the field upto the property of the accused which was situated nearby. After leaving the deceased at that spot assailants ran away from the scene. The deceased succumbed to his injuries at that place itself.