RAJA RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rahul Misra assisted by Sri Raghuvansh Misra, learned Advocates for the sole surviving appellant Naresh s/o Raja Ram and Sri L.D. Rajbhar learned A.G.A appearing for the State respondent.

(2.) This appeal has been filed against the judgment and order dated 23.12.1996 in Sessions Trial No.405 of 1985 State v. Raja Ram and others passed by the 10th Additional District and Sessions Judge, Muzaffar Nagar, convicting the appellants Raja Ram and Naresh under Section 302 IPC and sentencing each of them to imprisonment for life.

(3.) The prosecution case unfolded with the first information report dated 23.07.1985 lodged at about 21.50 hours by Sompal brother of deceased Sukhbir. The incident stated to have occurred at about 08.30 P.M. on 23.07.1985 when first informant Sompal and his brother Sukhir Singh were coming back from their fields. On way to their house, as soon as they reached near the grove of Shauqat Ali, on a Kachcha Rasta, the accused namely Raja Ram, his son Naresh and his brother-in-laws Mahendra and Telu suddenly came out of the grove. Mahendra and Telu were carrying 'Palkati' in their hands whereas Naresh was carrying knife and Ballam (Spear) was in the hand of Raja Ram. They yelled that now they will teach a lesson to Sukhbir for asking wages and started assaulting him. The first informant ran towards the village shouting 'Bachao Bachao' and on hearing his cries, Ram Chander son of Brahm Singh, Chaitan son of Kehri, Kallu son of Buddhu and Chota son of Mamraj reached the spot. On seeing them, the accused persons ran towards West. The first informant and other persons tried to catch them but they did not succeed.