BHIKHAM Vs. STATE

JUDGEMENT

(1.) THIS appeal has been filed by Bhikham, Surendra, Ram Sewak and Jagdish against the order and judgment dated 14-7-1975 of II Addl. District and Sessions Judge, Shahjahanpur in Sessions Trial No. 87 of 1975 convicting them under Sections 302/34, 201/34 and 323/34 IPC and sentencing each of them to life imprisonment, seven years R. I. and one year's R. I. respectively on each count. All the sentences have been made to run concurrently.

(2.) THE prosecution story, as revealed in the F. I. R. and by the prosecution evidence, briefly stated is as follows. THE deceased Ram Chandra Lal was the head master in the Primary School, Shankarpur. He was the resident of village Bharai, P. S. Jaitpur district Shahjahanpur. THE four accused persons too were the residents of the same village. Surendra and Bhikham are the first cousins, while the other two accused persons are said to be their associates. THEre was old enmity between the deceased and the fathers Of Bhikham and Surendra. Criminal proceedings in a riot case were started between the two parties in 1955. That criminal case was compromised, but their relations were strained. About one and half years prior to the occurrence a dacoity was committed at the house of Ramnath in a different village. Ramnath is the resident of village Lakhanpur. Cousin sister of Ram Chander Lal-deceased was married to Ramnath. In that dacoity case Nanku brother of Bhikham and Kailash brother of Surendra were accused. That case was still pending at the time of occurrence. Ram Chander Lal used to do pairvi in that case on behalf of Ramnath. This had strained the relatio ns between the family members of Nanku and Kailash further as they thought that Ram Chander Lal was responsible for getting them implicated in that dacoity case.

(3.) ON 30-8-1974 he tried to contact Gaya Ram. But he was not avilable. ON 1-9-1974 he interrogated Gaya Ram. ON interrogating him he learnt the name of the other person who was on the cycle. ON 3-9-1974, he intrrogated Babu Ram. The accused persons surrendered in the court on 4-9-1974. The Investigating Officer was then transferred and the investigation was taken over by S. O. Harbux Singh (PW 11) w. e. f. 17-10-1974. ON 23-10-1974 he took an exercise-book of a boy Ram Prasad (PW 10) in his possession. It bore the signature of Ram Chander Lal with the date '29-8-1974'. He then interrogated Ram Prasad and other witnesses. After completing the investigation he submitted the chargesheet against all the accused persons.