DORI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been filed by two brothers Dori and Kamal Singh. These two and two others, namely, Babu Kumhar and Narain Singh were accused in Sessions Trial No.159 of 1983. Babu Kumhar and Narain Singh remained absconders, as such their trial could not proceed. The appellants have been convicted ulSs.302/34, I. P.C. and 323/ 34, IPC relating to the causing of death of Ganga Ram and causing injuries to Ram Roop, P.W.2. and sentenced to imprisonment for life and I year R.I. each The Charge u/S.394, IPC has been held not proved.

(2.) According to the prosecution story, an incident happened on 12-11-1982 around 1 p. m. in village Khadiha P.S. Khadauli district Agra, in which the aforesaid four accused were named as having come to the fields in the possession of the prosecution side, well armed. Dori, Kamal Singh and Babu Kumbar were allegedly carrying fire-arms (Guns) while Narain Singh was armed with lathi. It is said that in the fields of the said village the appellants and the absconding accused came with the common intention to commit murder of Ganga Ram and others and in furtherance of the said common intention the said Ganga Ram was done to death while Ram Roop was assaulted with the butt of the gun and the lathi by one of the accused. The charge further was that while fleeing after the incident, the accused took the gun of the deceased Ganga Ram, hence the charge u/S. 394, IPC was also framed.

(3.) The accused denied their participation and claimed to be tried. They attributed their implication due to enmity and pre-existing animosity relating to politics.