RAMJAS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Ramjas, his brother Ram Nath and their relation Kapil deo were charged by that Additional Sessions Judge, Ghazipur, under section 307 read with S. 34 of the Indian Penal Code. The case against them was as follows. Baleshwar Singh (P. W. 1) was doing pairvi in a litigation between the accused and one Jagardeo Bhar (P. W. 6) and there was enmity between him and the accused. On 10/11/1965, one Indra Ueo informed Baleshwar Singh that he had overheard the accused conspiring to kill him for doing pairvi for Jagardeo Bhar. As Baleshwar singh apprehended danger to his life, he requested Jagarnath (P. W. 2) to come and sleep in his house. Jagarnath came and slept under a neem tree near the house of Baleshwar Singh on the night of 10/11/1966. Baleshwar Singh had kept a lighted lantern hanging from the end of the roof of the house. At midnight, he woke up when the quilt with which he had covered himself was pulled away by the accused At the time Ram Nath had a lathi. Ram Jas had a spear and Kapil Deo a pharsa. Ram Jas gave three spear thrusts while Kapil Deo hit Baleshwar Singh with pharsa on his leg. Ram Nath gave a blow with his lathi which hit the roof of the chhappar. After the assault the accused ran away. Hearing the alarm raised by Baleshwar Singh, P. W. 2 woke up. The father of Baleshwar singh (P. W. 4) who was sleeping inside came out of the house. P. W. 3, a neighbour also came. They chased the accused with torch light but could not catch them.

(2.) Baleshwar Singh lodged the First Information Report on the morning of November 11, 1966, at about 4 a. m. wherein he gave the names of the accused as his assailants. He was medically examined at the district Hospital, Ghazipur on November 11, 1966, at 9 a. m. and exhibit k. a-8 is the injury report.

(3.) The Additional Sessions Judge, Gliazipur, convicted the accused of the offence and he sentenced Ram Jas to six years' rigorous imprisonment and a fine of Rs. 500. 00, Kapil Deo to five years' rigorous imprisonment and a Fine of Rs. 300. 00 and Ram Nath to 3 years' rigorous imprisonment and a fine of rs. 200. 00.