RAM KRIPAL AND OTHERS Vs. STATE

JUDGEMENT

(1.) THESE two appeals arise out of a common judgment dated 7.3.1989 passed by the Additional Sessions Judge, Fatehpur in Sessions Trial No. 7 of 1988. Criminal Appeal No. 570 of 1989 is preferred by accused Ram Kripal, Rajendra, Surendra, Sheo Bhushan and Man Singh and Criminal Appeal No. 568 of 1989 by accused Ram Autar, Devi Shankar and Lakhan. One accused namely Omkar alias Buddhi died during trial and case stood abated on 21.9.1988.

(2.) THE incident is alleged to have taken place on 15.5.1985 at Thariaon Ashothar road near village Semra at 4.30 P.M. F.I.R. was lodged on 15.5.1985 at 6.30 P.M. at Police Station Asothar by PW-1 Deshraj, real brother of deceased Ramraj. Two persons namely Sheo Pyare and Ramraj have died in the incident. Ram Autar, Lakhan and Surendra are alleged to be armed with DBBL gun. Devi Shankar and Rajendra are alleged to be armed with hand grenades and rest of the accused Ram Kripal, Sheo Bhushan, Man Singh and Omkar alias Buddhi, who died during continuation of the trial, are alleged to be armed with Katta. All the accused have been awarded life imprisonment under Sections 302, 149 I.P.C. Five years R.I. under Sections 307, 149 I.P.C., 7 years R.I. under Sections 395/397 I.P.C. and 2 years R.I. under Section 148 I.P.C. All the sentences are directed to run concurrently.

(3.) POST mortem on the bodies of Ramraj and Sheo Pyare were performed on 17.5.1985 by Dr. Swatantra Singh, Medical Officer, District Hospital, Fatehpur. Following injuries were found by the doctor on their bodies.