RATAN Vs. STATE

JUDGEMENT

(1.) THE above two appeals, arising out of judgment and order dated 28.09.1996 passed by Sessions Judge, Nainital, were taken up together for hearing and are being disposed of by this common judgment.

(2.) ALL the five accused stood trial for the offences punishable under sections 147, 148, 302 IPC. Learned Sessions Judge, Nainital after taking into consideration the facts and circumstances of the case, convicted the accused/appellant - Ratan under sections 148, 302 IPC and the remaining accused/appellants Kunwar Pal, Radhey Shyam, Udal, Nawal Kishore under sections 147, 302 read with 149 IPC. Accused/appellant Ratan was sentenced to undergo rigorous imprisonment for life under section 302 IPC and was further sentenced to undergo rigorous imprisonment for two years under section 148 IPC. Both these sentences have been ordered to run concurrently. Accused/appellants Kunwar Pal, Radhey Shyam, Udal and Nawal Kishore have been sentenced to undergo rigorous imprisonment for life under section 302 read with section 149 IPC and have been further sentenced to undergo rigorous imprisonment for one year under section 147 IPC. Both these sentences have been ordered to run concurrently.

(3.) THE prosecution case is unfolded from the statement of PW1 - Babu Ram, husband of the deceased - Kaila, when he reported the matter vide written complaint exhibit Ka -1. Babu Ram along with his wife and young daughters was living in village - Sultanpatti. His house did not have any boundary wall. Accused - Ratan, Kunwar Pal, Radhey Shyam, Udal, Nawal Kishore and other boys of Haldiya community had been often doing obscene acts and uttering obscene words towards his daughters. On this account, his wife Smt. Kaila (deceased) objected many times and told them not to do such actions, which resulted into altercation between them.