STATE OF UTTAR PRADESH Vs. RAM AUTAR

JUDGEMENT

(1.) This is an appeal by special leave from the judgment dated 16 October, 1967 of the High Court of Allahabad (Lucknow Bench) acquitting eight respondents on appeal against the judgment dated 21 July, 1967 of the Sessions Judge, Sitapur and rejecting the reference dated 21 July, 1967 made by the Sessions Judge to the High Court on the capital sentence passed on Ram Gopal the remaining respondent.

(2.) The Sessions Judge found Ram Autar, Raghunath, Basdeo, Nand Ram, Chandra Bhal, Asharfi, Lallu and Balram guilty of an offence Under Section 302/149 of the Penal Code, 1860 and sentenced each of them to undergo imprisonment for life The Sessions Judge also found Chandra Bhal, Asharfi and Basdeo guilty of an offence Under Section 148 of the Penal Code, 1860 and convicted and sentenced each one of them to undergo rigorous imprisonment for two years. Ram Autar, Raghunath, Nand Ram, Lallu and Balram were convicted of offence Under Section 147 of the Penal Code, 1860 and each was sentenced to one year's rigorous imprisonment, on that count. The Sessions Judge found that Ram Gopal was guilty of an offence Under Section 302 for committing the murder and passed death sentence upon him.

(3.) The High Court found that the relations between the nine respondents and Chhatrapal were strained and there were several litigations between them, On 18 September, 1966 Chhatrapal along with his servant, Sukkhi proceeded to Sitapur for consulting his lawyer. A proceeding was pending against Chhatrapal and others Under Section 107 of the CrPC. 21 September, 1966 was the date fixed for the heating of the ease. 18 September, 1966 was Sunday. Chhatrapal lived very neat the houses of the respondents. Among the respondents Ram Gopal, Basdeo and Nandram are brothers. Ram Autar is the father of Raghunath.