MANI RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellants Mani Ram, Agya Ram, Ramjiyawan, Kewal, Sant Ram, Siyaram and Janjali were charged and tried under S. 147, 148 and 302/149 of the Penal Code for committing the murder of one Basdeo at about 4. 00 p. m. on 27/1/1978. The learned IVth Additional Sessions Judge, Basti in Sessions Trial No. 195 of 1978 convicted the appellants Mani Ram and Agya Ram under S. 148 and 302 read with Section 149 of the Penal Code and sentenced them to undergo rigorous imprisonment for two years and life imprisonment respectively while the remaining appellants, namely, Ramjiyawan, Kewal, Santram, Siyaram and Janjali were convicted under S. 147 and 302 read with Section 149 of the Penal Code and each one of them was sentenced to undergo rigorous imprisonment for one year and lifeimprisonment respectively. All the sentences were directed to run concurrently. These sentences and convictions awarded to the appellants have been affirmed by the High court of Allahabad in appeal against which this appeal by special leave has been directed.

(2.) The prosecution case as it emerges from the FIR Ext. Ka-2 lodged by the informant Prabhoo Nath, Public Witness 2 on 27/1/1978 at 6.25 p. m. in the Police Station, Sadar Bazar, Basti (U. P. ) is that the appellants and deceased Basdeo, informant Prabhoo Nath, Public Witness 2 brother of the deceased and their father Bali were on inimical terms as there were criminal and civil cases pending between them since before the occurrence. It is said that on 27/1/1975 at about 1. 00 p. m. deceased Basdeo along with his brother Prabhoo, Public Witness 2 had gone from their Village Bighia to Gotwa Bazar for marketing and while they were returning back to their village at about 4. 00 p. m. and had reached near the government tubewell in Village Kuri, all the appellants suddenly emerged from a sugarcane field and surrounded them. Appellants Mani Ram and Agya Ram are said to be armed with country-made pistols while rest of the appellants were armed with lathis. It is said that on the exhortation of appellant Sant Ram to kill them and not to let them escape, the appellants Mani Ram and Agya Ram opened fire at Basdeo with their country-made pistols and the rest of the appellants assaulted him with lathis. The cries of the informant for help attracted the attention of Ram Pher, Bhurkul and Ram Ajore, all belonging to the village of the informant and who were also coming behind them, who rushed at the spot and saw the occurrence. Thereafter the appellants made their escape good from the place of occurrence. Informant Prabhoo Nath, Public Witness 2 the brother of Basdeo who was accompanying him at the time of occurrence could not dare to come forward to the rescue of his brother Basdeo due to the fear that he may also be shot at by the appellants. Prabhoo Nath took injured Basdeo to the police station on a rickshaw where he lodged the FIR Ext. Ka-1 regarding the occurrence.

(3.) Injured Basdeo was sent to the Civil Hospital, Basti where he was medically examined by Dr Chaturvedi who found injuries on his person as per injury report Ext. Ka-5. However Basdeo died in the hospital on the same evening at 7.15 p. m. Dr S. G. Tekariwal Public Witness 1, performed the autopsy over his dead body and as per his post-mortem report Ext. Ka-1 found the following injuries on his person :