DHAN JI AHIR Vs. STATE OF U P

JUDGEMENT

(1.) J. C. Gupta, J. Both these appeals are directed against one and the same judgment dated 7-6-1989 passed by the then 1st Addl. Sessions Judge, Ballia in Sessions Trial No. 79 of 1989 whereby appellants Dhan Ji Ahir, Krishna, Sheo Shanker and Vinai alias Vijai of Criminal Appeal No. 1345 of 1989 and appellants Ram Chandra, Ram Nath, Godhan and Bharat Pathak of criminal appeal No. 1346 of 1989 have been convicted and sentenced to imprisonment for life under Section 302 read with Section 149 I. P. C. , 7 years R. I. under Section 307 read with Section 149 I. P. C. and to imprisonment for life under Section 201 I. P. C. Appellant Ram Chandra, Bharat, Pathak, Godhan and Ram Nath have been further convicted and sentenced to two years R. I. each under Section 148 I. P. C. while appellants Krishna, Vinai, Sheo Shanker and Dhan Ji Ahir have been convicted and sentenced to one year R. I. each under Section 147 I. P. C. All the sentences have been ordered to run concurrently.

(2.) THE prosecution case, in brief, is that on 24-11-1984 complainant Ram Chandra Thakur (P. W. 3) alongwith Raj Dayal (P. W. 1), Raiksha Thakur (P. W. 2), Ramesh Thakur and Ram Adhar deceased of the present case were going to remove grass from their field and when they reached in Padri Mauja they were suddenly attacked at about 11 a. m. by as many as 15-16 persons, of whom 12 were identified as Kashi Nath, Ram Chandra Ahir, Ram Nath, Shiv Shanker, Radhey Shyam Ahir, Dhanji Ahir, Virendra Ahir, Godhan Ahir, Vijay Ahir, Bharat Pathak, Dhanjay Pathak and Krishna Ahir. Ram Charan, Ram Nath, Godhan and Bharat Pathak appellants of Criminal Appeal No. 1346 of 1989 were having guns, while rest were having lathi. THEy all made an attack upon Ram Dayal, Raiksha Thakur, Ram Adhar, Ram Chand and Ramesh Thakur. THE first four sustained fire arm injuries while Ramesh Thakur received lathi injuries. Ram Adhar fell on the ground on account of fire-arm injuries sustained by him. He was carried towards river by the accused persons and his dead body was thrown in the river which could not be traced out and, therefore, no post-mortem examination could be conducted.

(3.) INJURIES of Raj Dayal, P. W. 1 were examined at 1. 10 p. m. by the same 5. INJURIES were of fire-arm and were in fresh in duration. X-ray report confirmed this opinion. doctor and following injuries were found: (1) Fire-armwound of entrance 2 mm. x 2 mm. present on the posterior aspect of right thigh, 15 cm. above knee joint. Tattooing and fresh bleeding present. (2) Fire-armwound of entrance on posterior aspect of left calf muscle. Tattooing and fresh bleeding present.