GUDDIAND Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal arises out against the judgment and order dated 17.7.1981 passed by Additional Sessions Judge, Dehradun in Sessions Trial No. 38 of 1980, State versus Ratan Singh and 18 others, convicting and sentencing the appellant Guddi to life imprisonment under Section 302 of the Indian Penal Code; appellants Ratan Singh and Hans Ram were also convicted and each of them sentenced to life imprisonment under Section 302 read with Sec. 34 I.P.C.; appeilants Tika Ram, Lakhi Ram and L1bu were convicted and each of them sentenced to one year's rigorous imprisonment under Sec. 324 read with Sec. 34 I.P.C.; appellants Gulab Singh and Tula Ram were convicted and each of them sentenced to one year's rigorous imprisonment and appellants Balli, Parma and Sher Singh were convicted and each of them were sentenced to one year's rigorous imprisonment under Sec. 324 r/w Sec. 34 I.P.C. and two year's rigorous imprisonment and a fine of Rs. 250/ - each and in default of payment of fine further rigorous imprisonment of three months' under Sec. 326 r/w Sec. 34 I. P .C.

(2.) AT the out set it may be mentioned that out of the above named eleven appellants, five appellants have been died during the pendency of appeal. The appeal was dismissed as abated on behalf of appellants Ratan Singh, Libu, Tula Ram and Baili, vide this Court's order dated 01 -07 -2004 and on behalf of appellant Sher Singh the appeal was dismissed as abated, vide this Court's order dated 27.8.2004.

(3.) THE prosecution case in brief is that on 04.10.1979, at about 5.00 P.M. Sher Singh gave a written report Ext. Ka -1 to Sri Paras Ram, Patwari Circle Kailo I, Chakrata, District -Dehradun with the ailegations that at about 9.10 A.M. the complainant alongwith Rati Ram, Tula Ram, Mohar Singh, Bir Singh, Hans Ram, Maya Ram and Tulsi of the same village had gone for cutting the grass from the common piece of land situated at Sodhi Dhar. That meanwhile accused persons, namely, Ratan Singh, Maya Ram, Tika Ram, Lakhl Ram, Pat Ram, Libu, Gulab Singh, Hans Ram, Nag Chand, Klshnu, Sita Ram, Tula Ram, Param, Sher Singh, Jagtu, Dhoom Singh, Shiv Ram, Vali and Guddi armed with guns and Lohe Band Lath is, came with the intention to kill them when they were cutting the grass. At the time, Pat Ram, Nag Chand, Guddi had guns with them, Rattan Singh, Hans Ram, Nag Chand, Sher Singh, Parma and Siya Ram, Dhoom Singh and others had Lohe Band Lath is and stones with them. After coming to the spot, the accused persons, started beating the complainant and his companions who were cutting the grass. Accused Guddi fired with his gun at Tula Ram who died at the spot. Accused Ratan Singh and Hans Ram gave blows to Rati Ram on his head with Lohe Band Lathi due to which Rati Ram also died. Accused Nag Chand, Sher Singh, Parma, Slya Ram, Dhoom Singh and others took Marpit with Bir Singh, Mohar Singh, Hans Ram, Maya Ram by means of Lath is and stones and caused injuries to them. That with great difficulty, the complainant and Tulsi managed to escape from the spot. That the aforesaid occurrence took place due to the old enmity amongst the residents of two villages, namely, Sidhi and Pokhri.