RAM PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) These three criminal appeals have arisen out from the judgment of Trial Judge, the Additional Sessions Judge (Fast Track Court), No.7 in Sessions Trial No.431 of 1985, dated 03.02.2009, whereby the accused-appellants, namely Ram Pal, Lala Ram and Babu Ram are convicted of the offence punishable under Section 302 IPC read with Section 34 of the IPC and awarded with sentence to undergo life imprisonment with fine to the tune of Rs.5,000/- each. In case of failure to pay the fine, they are further sentenced to undergo imprisonment of six months.

(2.) Initially, a Case Crime No.48 of 1985 was registered on 4.4.1985 at 7:30 p.m. in Police Station 'Behta Gokul', District 'Hardoi' under Section 302 read with Section 34 of the I.P.C. upon the information of Chhotey Lal, who is further examined by the Trial Court as prosecution witness no.1. The written complaint was directed against: (1) Raj Pal (2) Ram Pal, both sons of Bihari R/o Police Station Behta Gokul, District Hardoi (3) Lal Ram (4) Babu Ram, both sons of Digga R/o village Paitapur, Police Station Pali, District Hardoi.

(3.) When the first chargesheet was submitted excluding the name of two named accused Lala Ram and Babu Ram by the Police before the Chief Judicial Magistrate, Hardoi, he committed the case, as the same was triable by the Sessions Judge on 17.07.1985. It comes out from the judgment of learned Trial Judge dated 02.01.1987 that Lala Ram and Babu Ram were summoned for trial along with the chargesheeted accused when the first informant chhotelal, during his examination in chief recorded during trial, reiterated the name of aforesaid accused along with other two accused named in the FIR, in exercise of power under the provision of Section 319 Cr.P.C. It also comes out from the judgment that during the sessions trial, accused Raj Pal died, therefore, the trial as against the deceased-Raj Pal was abated vide order dated 19.09.2000. Accordingly, the trial proceeded with three accused, namely, Babu Ram, Ram Pal and Lala Ram. All the three accused after having been convicted and sentenced by the impugned judgment and order of sentence dated 03.02.2009 by the Trial Judge, have preferred their appeal separately which are described hereinabove.