OM PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 14.5.2004 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 1472 of 1981 whereby and whereunder the appeal preferred by the appellant herein against a judgment of conviction and sentence dated 30.6.1981 passed by Sri R.K. Mishra, III Additional Sessions Judge, Shahjahanpur in Sessions Trial No. 418 of 1980 holding that the appellant was guilty for commission of offences under Sections 148, 452 and 302 read with Section 149 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for 18 months, 18 months and life imprisonment respectively, was dismissed.

(2.) Appellant was prosecuted in respect of commission of offences, the incident whereof took place on or about 15.8.1979 at about 9.30 p.m. in the house of one Mewa Ram. Janamashtami festival was being celebrated on that night. Dinesh Kumar and Girish Kumar, the sons of the informant Mewa Ram, Smt. Ramlali, his wife, son Ram Rakshapal, the deceased and his wife Smt. Neha were busy in offering puja to the deity. Allegedly, Dinesh Kumar, Ram Rakshpal, Ram Pal and Girish Kumar, sons of Mewa Ram were found guilty for commission of an offence under Section 307 wherefor Ram Shanker son of Chhotey Lal (accused No. 1) had lodged a First Information Report (FIR). All the four sons of the informant preferred an appeal against the said judgment of conviction and were released on bail. Admittedly, there existed a dispute with regard to a house property between Shri Krishna, father of Pappu (accused No. 7) on the one hand, and the informant as well as his four sons on the other, wherefor a proceedings under Section 107 of the Code of Criminal Procedure had been initiated.

(3.) Before adverting to the details of the prosecution case, we may notice the inter se relationship amongst the accused. Accused Ram Shanker and Ram Bharose were real brothers; accused Dharmandra was son of Ram Shanker and others were family members or relatives of Ram Shanker. Appellant before us was not concerned with the aforementioned dispute. We may furthermore notice that whereas all the 7 accused had been found guilty of commission of the offence of murder of Ram Rakshapal (deceased), son of Mewa Ram by the learned trial Judge, the High Court had found the appellant only guilty of firing of a shot at the deceased, opining that participation of other accused in the commission of the said offence was not proved beyond doubt. We may furthermore notice that during pendency of the appeal before the High Court Ram Bharose son of Chhotey Lal and Ram Shanker, son of Rudra Prasad expired.