NATHTHOO RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) All the appellants namely Naththoo Ram, Rampal Sultan, Brij Lal and Parsadi have been convicted and sentenced to 1-1/2 years R.I. under Section 147, I.P.C., two years R.I. under Section 148, I.P.C. and to imprisonment for life under Section 302 read with Section 149, I.P.C. and one year R.I. under Section 323/149, I.P.C. The conviction under Section 302, I.P.C. read with Section 149, I.P.C. has been recorded in relation to the murder of Daya Ram while conviction under Section 323/149, I.P.C. is in relation to injuries caused to Smt. Phudari, P.W. 5, the mother of the deceased.

(2.) Out of the above named appellants. Sultan son of Jagan died during the pendency of this appeal, hence his appeal has abated.

(3.) The prosecution case as revealed from the F.I.R., in brief, is that on 25-10-1979 at about noon time Daya Ram, son of Baldeo was ploughing his field inside the Tal (land of dried pond) for sowing gram. He himself was driving the plough, his mother was sowing the seeds while his Halwaha Komal was driving Bakhar. All the five accused persons appeared there armed with "Parena" (a weapon which has an iron blade fixed on one end of Lathi). They had their land also in the same Tal. The accused Nathoo Ram asked Daya Ram to pay irrigation charges first before ploughing the field. Daya Ram told him that he would pay the irrigation charges in the evening as may be settled by the Panchas. However, accused Nathoo Ram insisted upon immediate payment. Daya Ram told him that he was not having any money in his pocket so as to pay to him. On this accused Parsadi said that he be assaulted and killed. Thereafter all the five accused persons started beating Daya Ram with Parenas. Smt. Phudari P.W. 5 was also assaulted when she intervened to save her son. The incident was witnessed by Surat Singh P.W. 2, Rajdhar P.W. 3, Ganesh, Nripat, Sooraj Singh and others. Seeing the witnesses arriving all the accused ran away towards the village. On account of the injuries sustained during the course of incident, Daya Ram died on the spot.