RAMJAN ALIAS SAWANRU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These are connected appeals arising out of judgment and order dated 10-7-1980 of Sri D. P. Srivastava the then Additional Session Judge, Gorakhpur whereby all the appellants of both the appeals have been convicted and sentenced to one year R.I. under Section 148, I.P.C., imprisonment for life under Section 302/149, I.P.C. and one year R.I. under Section 324/149, I.P.C.

(2.) Since both the appeals arise out of the same incident, they are disposed of by this common judgment.

(3.) The prosecution story briefly stated is that in the night between 11/12-9-1978, Sita Ram Resident of village Neta Surhurwa, P. S. Maharajganj, District Gorakhpur was sleeping in the 'Baithaka' of his house on a cot. Nebu Lal his servant was also sleeping on the same cot. Banarsi and Ram Naresh were also sleeping on a 'Takhta' in the same 'Baithaka'. A burning lantern was hanging from a peg embedded in the western wall of the 'Baithaka'. It is alleged that at about 2.00 A.M. the appellants Ramjan alias Sawanru, Somai, Ghisiawan, Kanta armed with spears, Atma, Lallu Sutai and Hansraj armed with Pharsa, Hullar and Rajaram armed with Gandasa came inside the said 'Baithaka' and started assaulting Sita Ram with their respective weapons. Banarsi and Ram Naresh woke up and both rushed out of the 'Baithaka' and witnessed the incident by standing close to the eastern wall of the 'Baithaka'. Banarsi held a torch with him which he flashed on the accused persons and identified them. On the alarm raised by Banarsi and Ram Naresh, witnesses including Hargun and Sartaj were attracted to the scene of occurrence and they also witnessed the incident from a close quarter. Nebu Lal also received some injuries at the hands of assailants, but he slipped out of the 'Baithaka' by crawling himself and he also raised alarm along with Banarsi and others. After committing the murder of Sita Ram, the accused persons ran away towards west south. After their departure the witnesses entered into the 'Baithaka' and found Sita Ram dead. Banarsi got the First Information Report Ex. Ka-1 written by Ram Achal Gupta and handed over the same at P. S. Maharajganj, which was situated at a distance of three miles from the scene of occurrence. The report was recorded at 6.30 A.M. on 12-9-78. Chik Report Ext. Ka-2 was prepared and the case was registered in the General Diary against the accused appellants.