NAND RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the appellant, learned A.G.A. and perused the record.

(2.) THIS appeal has been preferred against the impugned judgment and order dated 16.09.2009 passed by the learned Additional Session Judge/F.T.C.-3, Jalaun at Orai in S.T. No. 125 of 1995, State Vs. Nand Ram and others, whereby, he convicted the accused/appellant Nand Ram under Sections 148, 323/149 and 302/149 I.P.C. and sentenced to undergo one year rigorous imprisonment under Section 148 I.P.C., six months rigorous imprisonment under Section 323/149 I.P.C. and rigorous imprisonment for life and to pay a fine of Rs. 5,000/- under Section 302/149 I.P.C. and on default of payment of fine, he was directed to further undergo six months rigorous imprisonment. During the pendency of appeal, the prayer for bail has been made on behalf of the appellant.

(3.) THE prosecution case, in brief, is that on 20.03.1992 at about 2.00 p.m., informant Ram Swaroop S/o Baijnath along with other villagers went from the village Gadar to village Madora for meeting on the occasion of Holi. At about 5.00 p.m., they were returning to their village. When Anand Kumar and Hari Singh reached by motorcycle and other persons by tractor on the road at the outskirt of the village Madora, Nand Ram, Ram Swaroop S/o Amarju, Shyam Lal, Munna Rajak and Mata Prasad met there. They stopped them and started hurling abuses and tried to snatch the motorcycle. When Anand Kumar and Hari Singh resisted, Nand Ram assaulted by axe on the head of Anand Kumar and he fell down. Munna Rajak assaulted Hari Singh by danda. When other persons challenged them, Ram Swaroop S/o Amarju opened fires, but they escaped. When Mansukh and Madhau tried to save Anand Kumar, Mata Prasad and Shyam Lal also assaulted them by danda and axe. They threw bricks and stones on the accused. Thereafter, the accused fled away after causing damage to motorcycle and tractor. Anand Kumar, Mansukh, Hari Singh and Madhau sustained injuries. They were carried to the hospital, where Anand Kumar succumbed to his injuries. Thereafter, the F.I.R. was lodged on the same day at 7.25 P.M. The case was investigated and the charge-sheet was filed against all the five accused.