RAM LAKHAN OTHERS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) On 17-9-1975 at about 5-00 p.m. in a small village called Baddapur, under Police Station Loni Katra in district Barabanki, three gruesome murders of Ram Sewak, Hari Prasad and Bhola took place. Ram Sewak and Hari Prasad were real brothers. Bhola was the son of Hari Prasad. On the fateful day, Ram Sewak had gone to Haidergarh market while complainant Jang Bahadur (PW 1) had gone to Tejwapur market. Jang Bahadur after finishing his work in the market was returning to his village alongwith Devi Dayal and Hanuman on the Canal Patri and when they reached near the grove of Jagdamba Singh, they heard a big sound of explosion of hand grenade. They also heard cries coming from the side of the field of Gaya Prasad. When Jang Bahadur (P.W.1) looked towards the said field, he noticed Ram Sewak being attacked by accused persons, namely, Bishambhar, Maharaj Din, Deoki Nandan, Rameshwar, Ram Lakhan, Sri Chand, Jagat and four unknown persons. Due to murderous assault, Ram Sewak died on the spot. Within a short time, they heard another alarm coming from western side of the well of Hari Prasad and therefore they went in that direction. It was then noticed that Hari Prasad and Bhola were lying dead on the ground. Bindeshwari and Sursa daughters of Ram Sewak were near the place of incident and these two daughters told Jang Bahadur that Shambhu, Maharaj Din, Rameshwar, Ram Lakhan, Sri Chand, Jagat and four other persons had assaulted Hari prasad and Bhola. Jang Bahadur after seeing the gruesome murders of three persons immediately rushed to the abadi of Baddapur which is at a distance of two and a half furlongs. Jang Bahadur (PW 1) then went to the Police Station Loni Katra which is about three miles away from the village Baddapur and lodged the FIR at about 8-30 p.m. (FIR Ex. Ka-16). After registering the crime, the Investigating Officer went to village Baddapur and commenced the investigation. After completing the investigation he submitted the charge sheet against seven accused persons for offences punishable under Ss. 147, 148, 302 read with S. 149 of the Indian Penal Code. The accused were put up for trial before the Ist Addl. District and Session Judge. Barabanki.

(2.) The accused denied the charges and claimed to be tried. According to them, they are innocent and they have been falsely implicated due to enmity.

(3.) The prosecution in support of its case examined as many as eight witnesses out of which Jang Bahadur (PW 1), Bindeshwari (PW 2), Ganga Ram (PW 4) and Devi Dayal (PW 8) are eye-witnesses. One Layak Ram (PW 3) was also examined by the prosecution but during the course of recording of his evidence, he was found not supporting the prosecution fully and, therefore, he was allowed to be cross-examined by Public Prosecutor. Prosecution also examined other formal witness to prove various panchnamas. Dr. Beni Madho Gupta (P.W. 17) was examined to prove the post-mortem examination reports (Exs. Ka 20, KA 21 and KA 22).