STATE OF U P Vs. GANGA RAM

JUDGEMENT

(1.) Four accused, A-1 Ganga Ram, A-2 Raghubir, A-3 Lal Singh and A-4 Rajendra Singh were put to trial before the Trial Court for the murder of deceased-Tula Ram under Section 302/34 IPC. The Trial Court convicted all of them under Section 302 read with Section 34 IPC and sentenced them to rigorous imprisonment for life. On appeal, the High Court acquitted all of them. Hence, this appeal by special leave by the State of U.P.

(2.) During the pendency of the appeal, A.2- Raghubir and A.3-Lal Singh expired. The appeal against them already stands abated. This appeal, therefore, is survived qua A.1-Ganga Ram and A.4-Rajendra Singh. It may be noted that A.1-Ganga Ram and A.2-Raghubir are real brothers and A.3- Lal Singh and A.4-Rajendra Singh are real brothers.

(3.) Facts may be noted briefly : P.W.3-Rajendra Singh filed a complaint case against the accused persons Rajendra Singh and Lal Singh in the Court of Special Judicial Magistrate, Bareilly, in which the deceased-Tula Ram was cited as one of the witnesses. On 27-7-1978, the deceased-Tula Ram had gone to depose in the said complaint case against the accused Rajendra Singh and Lal Singh. It is alleged that the accused persons had threatened on several occasions not to appear as a witness but deceased-Tula Ram was determined to give statement. On 27-7-1978 at about 5.15 p.m. when the informant PW-1 Dhakan Lal (father of the deceased), P.W.2-Hemraj, the deceased-Tula Ram were coming back to their village from the bus-adda, Meerganj, the informant and others stopped at the Meerganj Sindhauli road in the jungle of Kalyanpur to smoke bidi. The deceased-Tula Ram went about fifty-sixty steps ahead of them. Accused Raghubir armed with single barrel gun (SBBL gun), accused-Lal Singh armed with double barrel gun (DBBL gun), accused - Ganga Ram and accused-Rajendra Singh armed with Tamancha (country made pistol) emerged from behind the stones heaped at the road. Accused Lal Singh told the deceased-Tula Ram that he had been warned not to appear as a witness but he was adamant and therefore he should not be left and should be killed. Thereupon Raghubir and Lal Singh made one fire each at Tula Ram with their respective weapons. Tula Ram fell down on the road. When the informant and others raised an alarm, the accused persons ran away towards west. P.W.1-Dhakan Lal left behind P.W.2-Hemraj near the dead body and he got the FIR written by P.W.3-Rajendra Singh and lodged the FIR at police station, Meerganj. A case was registered under the aforesaid Sections of Law and after the completion of the trial; the Trial Court recorded the conviction as above.