ROHTAS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Rohtas and his father Ram Mehar, the two appellants before us, and three others were placed on trial before the 3rd Additional Sessions Judge, Meerut to answer common charges under Sections 148, 302/149 and 307/149, IPC. Against Ram Mehar an alternative charge under Section 302, IPC was also framed. The trial ended in conviction of Rohtas under Sections 307 and 302/34, IPC and of Ram Mehar under Section 302 and 307/34, IPC and acquittal of the other three. As the appeal filed by them against their convictions was dismissed by the High Court the appellants have preferred this appeal after obtaining special leave.

(2.) Briefly stated the prosecution case is as under:

(3.) The appellants pleaded not guilty to the charges levelled against them and contended that they had been falsely implicated out of enmity. In his examination under Section 313 Cr. P.C. Ram Mehar stated that on April 22, 1981 at or about 10 A. M. while he was working in his field, Rajinder, a nephew of Sita Ram, trespassed there and released his cattle. He (Ram Mehar) abused and slapped Rajinder and removed him and his cattle from his field. In the afternoon when he was on his way back to the field after taking his lunch in his house and had reached the railway gate Sita Ram, Mangat, Shiv Charan and Rajinder attacked him with spear and iron rod. To defend himself he snatched the spear Shiv Charan was carrying and gave him a blow with it. Ram Mehar also gave a written statement to the above effect. The plea of the other appellant, namely, Rohtas was that at the time of the incident he was at Safdarjung Hospital, New Delhi for getting medical treatment.