STATE OF UTTAR PRADESH Vs. HET RAM

JUDGEMENT

(1.) The Sessions Judge of Farukhabad convicted respondents Het Ram, Sobran and Ram Pal of an offence under Section 302/34, I.P.C. for committing the murder of Rati Ram, and sentenced them to rigorous imprisonment for life. He also convicted them of an offence under Section 307/34, I.P.C. for causing grievous injury to Raja Ram (P.W. 2) with intent to commit his murder, and sentenced them to rigorous imprisonment for ten years. The respondents were given benefit of doubt in regard to the murder of one Nain Sukh, brother-in-law of Rati Ram, and were acquitted. While no appeal was preferred against the acquittal, the accused went up in appeal to the High Court of Judicature at Allahabad, which took the view that the prosecution had failed to establish the guilt beyond reasonable doubt. The High Court allowed the appeal by its judgment dated January 15, 1974, and set aside the conviction and the sentences of the accused. The State of Uttar Pradesh has therefore filed the present appeal by special leave.

(2.) The controversy in this Court centres round a short point but, in order to appreciate it, it will be necessary to make a brief mention of some of the facts.

(3.) It was alleged by the prosecution that there was a dispute between Rati Ram and respondent Het Ram over a potato field. Rati Ram initiated proceedings under Sec. 144, Cr. P. C. and secured an order of attachment. A panchayat was held thereafter, and it decided that while the potato crop may be given to respondent Het Ram, the field may be given to Rati Ram. It was alleged that the terms of the decision of the panchayat were reduced to writing and that document was handed over to Nain Sukh, brother-in-law of Rati Ram. It was alleged further that on December 24, 1971, Rati Ram and his son Raja Ram (P.W. 2) left for Farukhabad at about 2.45 a.m. in a bullock cart loaded with potatoes for selling them there. Rati Ram's nephew Dwasika (P. W. 3) accompanied them in another bullock cart loaded with potatoes for the same purpose. At about 3.30 a.m., when they were travelling between Jhaua and Rampura villages, they were surrounded by respondents Het Ram, Sobran and Ram Lal who were armed with "Karolis." It is alleged that Het Ram was also armed with a pistol, and Sobran with a lathi. All the three respondents caused injuries to Rati Ram and Raja Ram, who raised an alarm. Dwarika, who was trailing behind in his cart, also raised an alarm and ran towards Jhaua village, but the respondents ran away towards the west before the villagers could arrive saying they would go and kill Nain Sukh. It is said that Nain Sukh was murdered soon after, while he was sleeping in Rati Ram's "chaupal." A report of the incident was lodged at police station Shamshabad shortly afterwards, at about 9.50. a.m.