PURAN LAL AND ORS Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal by nine appellants Puran Lal, his brother Ram Bahadur, father Piarey Lal, along with Chet Ram, Roshan Lal, Kishan Lal, Hira Lal, Net Ram and Ram Sahai are to their conviction and sentence recorded by VIII Additional Session's Judge, Bareilly in S.T. No.330 of 1976, State vs. Puran Lal and others, dated 30./31.3.1979. All the appellants have been convicted and sentenced u/s 307/149 I.P.C. for 4 years R.I and u/s 323/149 I.P.C. for 1 year R.I. Appellant Puran Lal has been further convicted u/s 148, 324, 326 and 342 I.P.C. and has been sentenced to 2 years R.I. for each of the first two offences, 3 years RI for the third charge, and 6months RI for the last charge. Appellants Chet Ram, Roshan Lal, Piarey Lal and Kishal Lal were also convicted under sections 147, 324/149, 326/149 and 342 I.P.C. and were sentenced to 1 year R.I, 2 years R.I., 3 years RI and 6 months R.I. respectively. Appellant Heera Lal and Net Ram were also convicted under sections 147, 324/149, 326/149 I.P.C. and they were sentenced to 2 years R.I. for each of the first two charges, 3 years RI for third charge and 1year RI for the last charge. Appellants Ram Bahadur and Ram Sahai were also convicted under section 342 I.P.C. and sentenced to 6 months R.I.

(2.) Unfolded prosecution allegations against the appellants were that there was a rivalry between the appellants and the informant. Piarey Lal was village Pradhan village Kirathpur who was succeeded by Lala Ram. Against Piarey Lal, Village Pradhan, a no confidence motion was brought by Bhagwan Dass, Ram Swaroop(informant's brother) and other, four or five years before the incident, which confidence motion failed but due to that relations between two factions became sour. Pirey Lal had also instituted a prosecution case against informant Udai Veer Singh P.W.3, Ram Chandra, Puttu Lal, Ram Swaroop and others in which trial, accused were acquitted. Some other litigations were also started between both the sides which further aggrevated revenge psychosis between them.

(3.) In the background of such bitter animosity, on 27.3.1975 at 4.30 P.M. a Holi procession was going on in which Jamuna Prasad, Ram Dayal, Chhote Lal, Ram Swaroop, Bhagwan Dass, Karan Singh, Piarey Lal, Roshan Lal, Kishan Lal Chet Ram and others, were participating and when it reached near the house of Bhola Nath at the crossing and was proceeding towards the house of Kharag Sen, then accused appellant Puran Lal, s/o Piarey Lal assaulted Ram Swaroop with knife. When Bhagwan Das informant's brother and Karan Singh advanced to save Ram Swaroop then Piarey Lal and Roshan Lal caught hold of Karan Singh and dragged him inside the house. Another intervener Bhagwan Das was caught hold by Chet Ram and Kishan Lal and he too was dragged inside Piarey Lal's house. Other accused Asey Ram and Hira Lal, both armed with D.B.B.L. guns and Chet Ram with illegal country made pistol resorted to firing causing injuries to Jainendra Pal and Ram Kumar alias Nanhai. This entire episode was witnessed by informant P.W.3, Chhote Lal, Babu Ram, Jamuna Prasad and Ram Dayal and others.