RAMA SHANKER Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been filed by five appellants 1. Rama Shankar, 2. Doodh Nath, 3. Ram Jeet, 4. Ram Janam and 5. Baijnath against the judgment and order dated 29th May, 1993 passed by Sri S.M. Pandey, the then Special Judge/Additional Sessions Judge, Ballia in Sessions Trial No. 159 of 1985. Rama Shanker and Ram Jeet have been convicted under Section 302, I.P.C. and sentenced to life imprisonment and the remaining three have been convicted and sentenced to life imprisonment under Section 302, I.P.C. read with Section 149, I.P.C. The accused -appellants -Rama Shankar, Ram Jeet and Ram Janam have further been convicted under Section 148, I.P.C. and each of them has been sentenced to rigorous imprisonment for two years. The remaining accused - appellants have been convicted under Section 147, I.P.C. and each of them has been sentenced to one year's rigorous imprisonment. The accused -appellant - Doodh Nath has been convicted under Section 323, I.P.C. and sentenced to nine months' rigorous imprisonment whereas the remaining accused -appellants have been convicted under Section 323 read with Section 149, I.P.C. and each of them has been sentenced to six months' rigorous imprisonment. All the substantive sentences have been ordered to run concurrently.

(2.) ALONG with the accused -appellants five others, namely, Keshav, Deep Chand, Ramesh, Prem Chand and Shyamu were also tried but they were acquitted. The lives of two persons, namely, Ramesh and Nayak had been cut short in this incident and the informant Ram Awadh P.W. 1 had sustained injuries. The incident took place on 17 -6 -1985 at about 8.30 a.m. in village Khuta Bahorwa, Police Station Bhimpura, District Ballia. The First Information Report was lodged by the injured Ram Awadh P.W. 1 at 10.05 a.m. The distance of the Police Station from the place of occurrence was three miles.

(3.) IT would be relevant here to state that Nayak was examined at P.H.C. Nagra by Dr. R.C. Prasad P.W. 5 on 17 -6 -1985 at 12.10 p.m. The following injuries were found on his person :