DAYA RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the Judgement and order dated 29.01.1988 passed by learned Additional District and Sessions Judge, Kannauj in Session Trial No. 152 of 1985 State v. Daya Ram and others, Crime No. 497 of 1982 under Sections 323, 307 I.P.C., Police Station Chhibra Mau, District Kannauj whereby accused-appellant Daya Ram and accused-appellants Hira Lal and Gandharv Singh (since dead) have been convicted under Section 307/34 and 323/34 I.P.C. They were sentenced to undergo seven years rigorous imprisonment along with fine of Rs. 2000/- under Section 307/34 I.P.C. and to undergo six months rigorous imprisonment under Section 323/34 I.P.C. In case of default in payment of fine they have to undergo six months additional imprisonment. Both the sentences were to run concurrently.

(2.) At the very outset, it may be stated that instant appeal has been filed by accused-appellants Daya Ram, Hira Lal, Gandharv Singh and Sahukar, whereas record shows that accused Sahukar son of Sri Gandharv Singh has died during the pendency of the trial before the Court below and he was not convicted by the impugned order. This fact clearly indicates that this appeal has been preferred in most casual manner without perusing the impugned Judgement and order. Be that as it may, this appeal was maintainable only in respect of accused-appellant nos.1, 2 and 3 namely, Daya Ram, Hira Lal and Gandharv Singh respectively. However, accused-appellant nos.1 and 3, namely, Daya Ram and Gandharv Singh have passed away during the pendency of this appeal before this Court and instant appeal in respect of appellant nos.1 and 3 Daya Ram and Gandharv Singh respectively has already been abated vide order dated 14.02.2020 and thus, now this appeal confines only in respect of appellant no.2 Hira Lal.

(3.) As per prosecution case, about two years prior to the incident, some miscreants have committed murder of complainant's neighbour Gyan Singh and in that regard first information report was lodged against first informant's brother namely, Maheshwar and Hari Ram and that case was pending before the Court. Due to this reason, accused Daya Ram, Sahukar, Hira Lal and Gandharv Singh were having enmity with the complainant Goverdhan Lal. Incident of the present case took place on 16.09.1982 at about 12:00 noon when complainant was sitting in verandah of his house. Accused Daya Ram and Sahukar having guns, accused-appellant Hira Lal armed with country made pistol and accused Gandharv armed with lathi came there and they exhorted to take revenge of Gyan Singh. They fired at complainant and resultantly complainant suffered pellets injuries on his left arm and left leg. Hearing noise, complainant's father Govind Prasad, mother Sarbati and wife of complainant's brother namely, Satyawati and some other persons of village including Khusi Ram and Sarnam came there. Accused Gandharv Singh assaulted complainant's father and mother with lathi, accused-appellant Hira Lal fired a shot, however, complainant escaped from that shot. Thereafter, all the accused persons ran away from the spot.