RAM KHILARI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Noor Mohammad, learned counsel for the appellant, learned A.G.A. for the State and perused the material brought on record.

(2.) The instant criminal appeal has been preferred by the appellant - Ram Khilari son of Phulwari Yadav, resident of Village - Deenapur, Police Station - Palimukeempur, District - Aligarh, against the judgment and order dated 09.07.2012 passed by Additional Sessions Judge, Court No. 6, Aligarh, in Session Trial No.450 of 2006, arising out of Case Crime No.126 of 2004 (State vs. Ram Khilari and another), under Sections - 307, 504, 506 I.P.C. and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "S.C./S.T. Act"), Aligarh, whereby the appellant has been convicted with the sentence of ten years rigorous imprisonment under Section - 307/34 I.P.C. coupled with fine Rs. 10,000/- with default clause to suffer additional rigorous imprisonment for one year. Similarly, one year rigorous imprisonment has been imposed under Section 504 I.P.C., coupled with fine Rs. 500/- with default clause for three months additional rigorous imprisonment, two years rigorous imprisonment under Section - 506 I.P.C., coupled with fine Rs.5,000/- with default clause to suffer six months additional rigorous imprisonment and life imprisonment under Section 3(2)(v) S.C./S.T. Act, coupled with fine Rs. 20,000/- with default clause to suffer two years additional rigorous imprisonment. All the sentences were directed to run concurrently.

(3.) Necessary and relevant facts, as gathered from the record, which led to the conviction of the appellant, appear to be that an F.I.R. was lodged by one Hardwari son of Kewal Singh Jatav on 12.11.2004 at Police Station - Palimukeempur at Case Crime No. 126 of 2004, under Sections - 307, 504, 506 I.P.C. and Section 3(2)(v) S.C./S.T. Act, with the allegations that the informant along with his nephew Satyaveer son of Ajuddi Prasad, were celebrating the festival of Deepawali at their home, when Ram Khilari son of Phulwari Yadav and Maloda son of Om Prakash Yadav, arrived at the house of the informant in drunken position at around 05:00 p.m. Both the persons were possessing country-made guns in their hands. They started abusing and demanded Rs. 100/- from the informant. On refusal to meet the demand, scuffle started on the spot and in the meanwhile, Ram Khilari with the intention to kill, fired upon the nephew of the informant, which fire hit the left temple and passed through and through. The incident was witnessed by the villagers Tara Chand and Charan Singh. Both the accused made their escape good from the spot, threatening of dire consequences in case any report is lodged to the ambit that their lives will not be spared. Request was made for lodging the report and taking action. Report is dated 12.11.2004, and the same is Ext. Ka.1.