NATHU RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant criminal appeal has been filed by appellants against the judgment and order dated 04.12.1998 passed by learned Xth Additional District and Sessions Judge, Faizabad in ST No.772 of 1996 convicting and sentencing the appellants to undergo rigorous imprisonment for ten years under Section 307/ 149 IPC and one year rigorous imprisonment under Section 342 IPC. Appellant no.1 Nathu Ram and appellant no.2 Sita Ram have also been sentenced for two years rigorous imprisonment under Section 148 IPC and appellant no.3 Smt. Deoki Devi for one year rigorous imprisonment under Section 147 IPC.

(2.) Brief facts of this case are that on 24.07.1996, in the morning after hearing the sound of crying and shouting of Vidhyawati wife of Ram Gopal, the complainant and other villagers approached to the house of Ram Gopal where they have been informed by Vidhyawati that Nathu Ram, Sita Ram and two other persons, who were their relatives, were beating her husband after closing the door inside. The villagers broken the door and saw that Nathu Ram and Sita Ram were armed with Gadasa mutilated the hand of Ram Gopal in the courtyard of Nathu Ram and they are trying to mutilate the legs of the injured Ram Gopal. The other two relatives namely, Ashok Kumar and Raju Gopal were caught the injured whereas Smt. Deoki Devi, who is the wife of Nathu Ram, instigated the accused persons to mutilate the hands and legs of Ram Gopal. The villagers caught hold all the accused persons on the spot but Sita Ram who armed with Gadasa managed to run away from the place of incident. An FIR was registered against the accused persons in Case Crime No.111 of 1996, under Sections 147, 148, 149, 342, 307, 326 IPC, Police Station Kumarganj, District Faizabad. After investigation, the charge-sheet has been submitted against the accused persons under the abovesaid sections.

(3.) On the charge-sheet, the court concerned had taken cognizance against the accused persons. Vide order dated 10.01.1997, the charges were framed against the accused persons under Sections 147, 148, 342, 326, 307/149 IPC and on denial of the charges, the trial was commenced. The recovery memo of chopped hand was exhibited as Exht. Ka-1, FIR as Exht. Ka-2, injury report as Exht. Ka-3, Charge-sheet as Exht. Ka-4, Chick report as Exht. Ka-5, site map as Exht. Ka-7, blood stained earth and plain soil as Exht. Ka-8, recovery memo of Gadasa as Exht. Ka-9. The prosecution has examined six witnesses to establish the case.