SIA RAM Vs. STATE OF U P

JUDGEMENT

(1.) THESE two connected Criminal Appeals were filed by Siaram, Ram Charan alias Changa, Bhagwan Das and Maloo (in Criminal Appeal No. 1172/80) and Megh Singh, Ram Charan and Satpal (in Criminal Appeal No. 1174/800. Siaram, Ram Charan alias Changa, Megh Singh and Ram Charan were convicted under Section 148 IPC and sentenced to undergo R. I. for two years. They were further convicted under Section 302 IPC read with Section 149 IPC and sentenced to undergo imprisonment for life. They were also further convicted under Section 323 IPC read with Section 149 IPC and sentenced to undergo R. I. for one year for causing injuries to Hori Lal. They were further convicted and sentenced to one year's R. I. under Section 323 IPC read with Section 149 IPC for causing injuries to Basudeo. All the sentences of these four appellants were directed to run concurrently. The accused persons of Criminal Appeal No. 1174/80 Bhagwan Das, Maloo and Satpal were convicted and sentenced to R. I. for two years under Section 147 IPC. They were also convicted and sentenced to life imprisonment under Section 302 IPC read with Section 149 IPC. They were further convicted under Section 323 IPC read with Section 149 IPC and sentenced to undergo R. I. for one year for causing injury to Hori Lal. They were further convicted under Section 323 IPC read with Section 149 IPC and sentenced to one year's R. I. for causing injuries to Basudeo. All the sentences were directed to run concurrently.

(2.) IN this case incident had occurred at about 5. 30 p. m. The report of the incident, Ext. Ka 1, was lodged at about 12. 30 p. m. on the next day by Bhurey Lal son of deceased Dhani Ram. Motive behind the incident as alleged by Bhurey Lal, is that they had not permitted the appellants to take a watercourse to their filed. Since the date of refusal the appellants were entertaining animosity with the whole family including their father. On 15-2-1979 when the informant along with his father and brother Radhey Shyam were returning after selling Rab (Molasses) to their house on a dunlop bullock cart, in the way two villagers Basdeo and Hori Lal also met them at about 5. 30 p. m. These persons also boarded the cart. When the dunlop cart reached village Kunerpur, near the grove of Jivan, appellant Siaram and Ram Charan alias Changa armed with guns, Megh Singh armed with a 'pharsa' Ram Charan S/o Dwarka armed with a 'bhala' and the remaining accused Maloo resident of Village Kunerpur, Satpal first cousin of Megh Singh resident of village Rampur and Bhagwan Das S/o Siaram armed with lathis accosted them. They stated "since they were not allowed to draw watercourse through his filed they will teach them a lesson". Then and there Siaram and Ram Charan took positions and exhorted others to assault and stated "let us see who saves them. " Megh Singh and others armed with Pharsa, lathis and spear started assaulting the informant's father. INformant claimed that he and his brother ran towards the village. His father also alighting from Dunlop cart ran Northeast towards the filed of Megh Singh. Their alarm attracted witnesses Nanhey Ram, P. W. 3 Ghurey Ram and many others to the spot. The assailants chased his father and killed him in the filed of Megh Singh by assaulting with Pharsa and Bhala. When the witnesses chastised them they ran away. Basdeo and PW 2 Hori Lal, who intervened were also beaten by lathi. The incident was witnessed by both the injured and other witnesses. INformant, leaving his family members at the spot, went to the police station. The F. I. R. came to be lodged 19 hours after the murder. The explanation for it is that due to rain and fear of the assailants, he could not dare to go to police station during night.

(3.) SO far as P. W. 2 and other injured Basudeo are concerned, FIR shows that they accompanied the informant. Evidence further shows that they had boarded bullock cart of the deceased at an intermediary place i. e. near village Pachak. It is this village where the filed of the informant and the appellants fall or are situated.