RAM DUTT Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against Order dated 25/11/1983 passed by the Division Bench of Allahabad high Court, (Lucknow Bench) in Crl. Appeal no. 151 of 1976. The appellant and six other co-accused faced a trial under Sections 148, 302/149 and 307/148 Indian Penal code before the learned Additional District and Sessions Judge, Kheri, in Sessions Trial no. A-45 of 1976. The learned Additional sessions Judge acquitted accused No. 4. Jadunath Prasad; but convicted the appellant ram Dutt under Sections 148, 307 read with sections 149, and 302 Indian Penal Code. The accused vijai Prakash, Ram Tahal, Ramlal, Dharai and Sheo Dutt were convicted under sections 148, 307 read with 149 and 302 read with 149 Indian Penal Code. The appellant was sentenced to suffer life imprisonment for the offence under Section 302 Indian Penal Code, five years rigorous imprisonment under Section 307 read with section 149 and one year's rigorous imprisonment under Section 148. Various sentences were passed against the other convicted accused. It was directed that the sentences would run concurrently,

(2.) Against the said conviction and sentence passed by the learned Additional sessions Judge, the accused Ram Tahal preferred Criminal Appeal No. 900 of 1976 before the Lucknow Bench of the Allahabad high Court. The accused Vijay Prakash, ramlal, Dharai @ Ram Dass and Sheo Dutt preferred Criminal Appeal No. 12 of 1977 before the said Lucknow Bench and the appellant Ram Dutt preferred Criminal Appeal no. 151 of 1976 before the said Luchnow bench against the conviction and sentence passed by the learned Additional Sessions judge. All the said appeals were analogously heard and disposed of by the common judgment passed on 25/11/1983. The High Court convicted Vijai Prakash, ram Tahal under Section 324 read with section 34 and sentenced them to suffer one year's rigorous imprisonment but they were acquitted of the other charges. The accused ramlal, Dharai @ Ram Dass and Sheo Dutt were not found guilty of any of the charges and they were acquitted. Their conviction and sentence were set aside by the High court. The conviction of the appellant under section 302 and the sentence of life imprisonment for such offence was, however, upheld by the High Court. The conviction of the appellant under Sections 148, 307 read with 149indian Penal Codehas been set aside. The appellant ram Dutt has also been convicted under section 324 read with Section 34 and has been sentenced to suffer one year's rigorous imprisonment. We have been informed that the other convicted accused have not preferred any appeal and the only appeal, namely, criminal Appeal No. 512 of 1984 has been preferred by Ram Dutt.

(3.) The prosecution case in short is that the complainant Sanwalia Prasad and the accused had strained relations for the last thirty years and there had been proceedings under Sections 107 and 117 of the Criminal 'procedure Code between them. The appellant ram Dutt and the other accused Shea Dutt were real brothers and sons of the accused, jadunath Prasad. The other accused persons were closely related. It is the prosecution case that the accused persons and the complainant Sanwalia Prasad and his son Pravin kumar the deceased and other injured persons reside in the village Barniya in the police station Pasgawan in the District Kheri. At about 5. 00 P. M. on 24/11/1975, sheo Nath was coming to his village in a buffalo-cart from the side of a canal. When he reached near the fields of Chakrapani, the accused Vijai Prakash and Ram Tahal obstructed him from going to that, side. There was a noisy altercations between Vijai Prakash land Ram Tahal and Sheo Nath. On hearing the noise, Sanwalia Prasad came out of his house to see what had happened. His son, pravin. Kumar, also came with him. When they reached near Tiraha in the south of the village, Sheo Nath met them. All the accused persons then reached the said place of incident on the northern side of the village and they stood towards the south west of the house of hem Nath. All the accused persons were armed with guns except Jadunath who was armed with a rifle. The appellant Ram Dutt was the first person who opened the fire with d. B. B. L. gun and thereafter other persons also fired from their respective weapon. In view of such firing, Sanwalia Prasad, Praveen kumar, Gurdayal, Hanuman Saran, Rajesh kumar, Ram Niwas and Sheo Nath were injured. It is the prosecution case that Praveen kumar well on the ground being hit by the gun fired by Ram Dutt and died on the spot. The accused after such firing ran away towards north. Sanwalia Prasad took Praveen kumar to his house and took all the injured persons with him. All the six injured persons were medically examined at Salia hospital and thereafter Sanwalia with injured persons went to police station to lodge the first information report. He handed the report got prepared at his instance in the police station which was registered. Thereafter, investigation was taken by the police and the charge sheet was submitted against the said accused.