DHAN JI AHIR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Both these appeals are directed against one and the same judgment dated 7-6-1989 passed by the then I 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 S. 302 read with S. 149 I.P.C., 7 years R.I. under S. 307 read with S. 149 I.P.C. and to imprisonment for life under S. 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 S. 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 S. 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) along with 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 Shankar, 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.) Ram Charan Thakur, P.W. 3 who himself had sustained fire arms injuries dictated first information report Ex. Ka 1 to Hari Narain Thakur who scribed the same. The report was then lodged at P.S. Kotwali on the same day at 2.15 p.m.Case was registered and investigation ensued. Injured persons were sent for medical examination. P.W.8 Sub Inspector T.N.Singh took up the investigation. He interrogated witnesses prepared site plan of the scene of occurrence and on completion of investigation submitted charge sheet against all the twelve accused persons who were named in the First Information Report.