MUNSHI RAM Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal, U/S 374(2) of the Code of Criminal Procedure, 1973 (hereinafter refereed as Cr.P.C.), has been preferred by the appellants against their conviction and sentence recorded by the then II Addl. Sessions Judge, Nainital, vide judgment and order dated 22.12.1986, in Sessions Trial No. 221 of 1984, whereby the learned Sessions judge convicted all the accused/appellants U/S 307 read with Section 149 I.P.C. and each of them were sentenced to undergo five years R.I. and a fine of Rs. 2000/ - each and in default of payment of fine, to undergo three months S.I. Accused/appellants Hira Ram, Lal Chand, Barit Kumar, Jeet Kumar and Badhwa Ram were further convicted U/S 147 I.P.C. and each of them were sentenced to under one years R.I. The accused/appellants Munshi Ram S/o Chamba Ram, Deshraj and Munshi Ram S/o Gahna Ram were further convicted U/S 148 I.P.C. and each of them were sentenced to undergo two years R.I. However, all the sentences were to run concurrently.

(2.) BRIEFLY stated, the prosecution story, is as follows : - On 10.12.1983, at about 9 A.M. Lachhman Ram S/o Jiwan Ram, residents of village Rajpura, P.S. Gadarpur, went to his plots numbering 37/1, 37/2, 49/1, and 49/2 to plough it by a tractor. There on the spot Munshi Ram S/o Chamba Ram R/o village Kuwankhera armed with Gandasa and rifle, appeared. This Munshi Ram followed by Heera Ram S/o Jiwan Ram, Deshraj S/o Heera Ram, Lal Chand S/o Heera Ram, Barit Kumar S/o Heera Ram, all resident of village Kuwankhera and Munshi Ram S/o Gahna Ram, Badhwa Ram S/o Munshi Ram, and Jeet Kumar S/o Munshi Ram, all resident of village Rajpur, armed with Lathi, spear and axes. All the aforesaid persons started beating Lachhman Ram. Munshi Ram S/o Chamba Ram inflicted injury at his hand by Gandasa and Deshraj inflicted injury at his back by Gandasa. Meanwhile Ghanda Ram who is son of Lachhman Ram, who was driving tractor in the vicinity, appeared on the scene at the rescue of Lachhman Ram. Then all the accused persons started beating him also. Munshi Ram S/o Chamba Ram caused injury on the left hand of Ghanda Ram, Deshraj inflicted injury on the head and Munshi Ram S/o Gahna Ram inflicted injury on his back with Kassi and Barit Kumar caused injury on the right foot by lathi. On sustaining injuries, Ghanda Ram fainted and fell on the ground. In the meantime Chamba Ram son of Lachhman Ram also arrived at the spot. Accused persons tried to beat him also, but any -how he could run away to shelter himself. Thereafter Munshi Ram son of Chamba Ram tried to kill Laxman ram by his rifle but he could not do so because of intervention of witnesses.

(3.) THE written report of the occurrence, Ext.Ka.7, was lodged by Lachhman Ram on 10 -12 -83 at 10 -30 A.M. at Police Station Gadarpur. On the basis of written F.I.R., chick F.I.R., Ext.Ka.11 was drawn at the police station by Head Moharir Sultan Singh. A case U/Ss 147, 148, 324, 323/149 I.P.C. was registered against the accused persons in the G.D. at report No. 15 dated 10 -12 -93, copy of which is Ext.Ka.12.