RAM KUMAR Vs. STATE

JUDGEMENT

(1.) HEARD the learned counsel for the appellants and the learned AGA for the State and perused the record.

(2.) THE appellants, Ram Kumar, Mani Ram, Kadher and Puttu, have preferred this appeal against the impugned judgment and order dated 19.4.1982 rendered by III Additional Sessions Judge, Shahjahanpur, in S.T. No. 599 of 1981 (State v. Ram Kumar and others) whereby the learned Additional Sessions Judge convicted and sentenced each of the appellants under sections 324/34 IPC to undergo rigorous imprisonment of six month. Each of the appellants has been again convicted and sentenced for the second charge under section 324/34 IPC to undergo rigorous imprisonment of six month but both the sentences were directed to run concurrently.

(3.) THE prosecution story is that in the Baisakh, before the date of occurrence, the marriage of the daughter of Gendan (brother of Rama, complainant) had taken place and appellant no.3 Kadher was invited in the said marriage but he did not turn up whereupon Gendan and his brother Rama sent 'Parosa' for Kadher but Kadher even returned the 'Parosa'. The occurrence took place on 10.7.81. On that day there was Dashtaun of the grand-son of appellant no.3 Kadher at his house and there was a feast on the occasion given by Kadher at about 8 P.M. The complainant, his brother and father were invited to that feast but they did not go because Kadher had not come to attend their function. The dinner at Kadher's house finished at 8 P.M. and immediately after it the appellants Kadher, Puttu, Ram Kumar and Mani Ram came to the house of Rama, complainant, and called him out from the house. At that time appellants No. 3 and 4 Kadher and Puttu were carrying Tamanchas, appellant no.1 Ram Kumar was carrying a D.B.B.L. gun and appellant no.2 Mani Ram was carrying a muzzle-loading double barrel gun. Appellant no.3 Kadher asked the complainant as to why he did not come to his house. The complainant replied that they had not come because he (Kadher) did not come to his house. In the mean time the appellant no.3 Kadher started abusing him and also grappled with him. The appellant no.2 Mani Ram started abusing him. He raised an alarm and escaped from the grip of appellant no.3 Kadher and started running raising an alarm. He reached in the middle of the East-West Rasta at the North-East of his door. On his alarm his brothers Chandra Pal and Gendan, father Budhai and witnesses Kallu, Prem and Het Ram also arrived there. The appellant no.2 Mani Ram exhorted, 'Mar do sale ko jaaney na paye." Thereupon appellant no.1 Ram Kumar fired a shot. Appellant no.3 Kadher and appellant no.4 Puttu also fired by their respective firearms. The complainant, his brothers Gendan and Chandrapal, father Budhai sustained injuries besides strangers Niranjan and Smt. Ketuki. Roopa, Parbat and Karan accused also came there and joined appellant Mani Ram and Kadher. Out of them Roopa and Karan were carrying Kantas. Parbat accused pelted bricks on the complainant party. The accused persons went away when the villagers challenged them. The complainant went to the P.S. Nigohi and lodged the FIR Ex-Ka-1 at 2.50 A.M. on11.7.1981.