RANJIT Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Shrawan Kumar, learned counsel for the appellant - Ranjit and Shri Diwakar Singh, Advocate, learned Amicus Curiae for the appellant - Lallu @ Lala Ram as well as learned AGA for the State and perused the record.

(2.) These criminal appeals have been preferred by appellants against the judgment and order dated 26.5.2007, passed by Additional Sessions Judge, Kheri in Sessions Trial No. 852 of 2005, arising out of Crime No. 387 of 2005, under Sections 302 IPC, 307/34 IPC and Section 3(2) (V) SC/ST Act, relating to Police Station Pasgawan, District Kheri, whereby appellant Ranjit has been convicted and sentenced under Section 302 IPC for Life imprisonment and fine of Rs. 1000/-, under Section 307 IPC read with Section 34 IPC for a period of ten yeas and fine of Rs. 5000/- and also in default of payment of fine the appellant is sentenced for six months imprisonment and appellant Lallu @ Lala Ram has been convicted and sentenced under Section 302 IPC for life imprisonment and fine of Rs. 1000/- and under Section 307 IPC read with Section 34 IPC for a period of ten yeas and fine of Rs. 5000/- and also in default of payment of fine the appellant is sentenced for six months imprisonment.

(3.) Brief facts necessary for disposal of these appeals are that informant Sher Singh son of Badri Yadav, R/o Village Kashipur, District Kheri submitted a written information on 4.4.2005 at 4.10 A.M. at Police Station Pasgawan, District Kheri stating therein that he is a resident of village Kashipur, Police Station Pasgawan and in the intervening night of 3/4.4.2005 his father Badri Yadav was sleeping in a ''Baggar'( A room usually situated in the outer portion of the house for multifarious activities) along with one Dal Chand Raidas. His two sons Pushpendra and Manoj were also sleeping in the same ''Baggar' at a short distance from Badri Yadav and he was sleeping on the roof of the house. It is further stated that his father, namely, Badri Yadav on 18-19 March had executed a sale deed in his favour pertaining to land admeasuring 7 Bighas and he was residing with him since long. His brothers Lallu @ Lala Ram (Appellant), Sarnam and Devi were angry with him on this score. It was further stated that litigation pertaining to the same land was also pending in between Dalchand and Ram Kali and appellant Ranjit was doing pairvi of that case on behalf of Ram Kali. His father also testified in favour of Dal Chand in that case and due to this reason appellant Ranjit was having enmity with his father. In the intervening night of 3/4.4.2005 at about 12.00 O' clock his brother Lallu @ Lala Ram, Ranjit and Gajram committed murder of his father Badri Yadav by assaulting him with 'Banka' and by firing from country made pistol. It was also stated that Dalchand also sustained fire-arm injuries in the incident and on hearing the sound of Gun shots he, his sons as well as Ram Autar had seen accused persons committing the crime and running away, in the light of torches. Ranjit was armed with 'Banka' and other accused persons were armed with 'country made pistols'.