RAM SHAKAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ramesh Kumar Shukla and Sri Mahendra Singh Yadav, learned counsels for the appellant and Sri S.S. Tripathi, learned A.G.A. for the State.

(2.) This criminal appeal has been preferred by five appellants, namely, Ram Shakal son of Vishwanath Kurmi, Nand Lal son of Ram Nath, Babu Lal son of Mewa Lal, Shankar son of Munni Lal and Khunni son of Sottan @ Sochan against the judgment and order dated 26.04.2003 passed by Additional Sessions Judge, Court no. 10, Varanasi in Sessions Trial No. 715 of 1997, convicting the appellants and sentencing them to undergo 3 months rigorous imprisonment under Section 147 IPC, 6 months rigorous imprisonment under Section 323/149 IPC and 3 years rigorous imprisonment under Section 324/149 IPC. Appellant no. 2, Nand Lal, has also been sentenced to 6 months rigorous imprisonment under Section 148 IPC. All the sentences are to run concurrently.

(3.) Prosecution case is that three trees of mango were sold which belonged to the family of Rajendra Prasad. The members of his family wanted to share the money received from sale of trees but one member of his family, Babu Lal, who had connections with anti-social elements wanted to usurp the entire money. He wanted that the entire sale consideration should be deposited before Gram Pradhan, Ram Shakal. On 29.11.1995, Babu Lal went to the house of Gram Pradhan, Ram Shakal and at 10:00 am he came to the house of the informant along with Ram Shakal, Nand Lal, Ram Nath, Khunni and Shankar. Nand Lal had gandasa, Ram Shakal had katta and lathi and remaining persons had lathis and iron rods in their hands. Babu Lal exhorted them to kill all the persons in the house and Ram Shakal made fire on two brothers of the informant but they escaped. The brother of the informant, Ram Ji, Bachai and mother, Keshari Devi closed the door due to fear but the accuseds broke the door and made attempt by gandasa and lathi on Bachai and Keshari Devi and they got injured. Manoj Kumar, Jivdhan, etc., who were doing the work on loom saw the incident. Bachai and Smt. Keshri Devi became unconscious and Ram Ji had blood all over his body. Informant went to Kotwa Police Chowki with Ram Ji. Two police men came from the police chowki and got the injureds admitted in Kabir Chaura Hospital, Varanasi. Information of the incident was given to Senior Superintendent of Police, Varanasi by telegram. On 29.11.1995 Dr. S.C. Singh, conducted the medical examination of the injureds and injuries were found on their bodies.