RAM SWARUP AND ANR. Vs. THE STATE

JUDGEMENT

(1.) APPEAL No 672 of 1971 and Government Appeal No. 1627 of 1971 arise out of the same Sessions trial and can be disposed of by a single Judgment. The two appellants, namely, Gangaram and Ram Swarup are father and son, Ram Swa -rup hasbeenfoundguiltyunderSection 302 of the Indian Penal Code and sentenced to death. He has further been sentenced to seven years rigorous imprisonment under Section 27 and to one year's R. I. under Section 25(1)(a) of the Arms Act. On the other hand, Gangaram appellant has been found guilty under Section 302 read with Section 34 of the Indian Penal Code and sentenced to life imprisonment. He has further been found guilty under Section 25(1)(b) for being in possession of a big knife and sentenced to one month's rigorous imprisonment and also under Section 29(b) of the Arms Act for having lent his gun to his son Ram Swarup appellant and sentenced to six months. R. I. Ganga Ram was further charged under Section 307 of the Indian Penal Code of which he has been acquitted by the learned Sessions Judge, The other two brothers of Ram Swarup viz., Somi and Subhash were charged under Section 302 read with Section 34, I. P.C. However, they were both given the benefit of doubt and acquitted by the trial Judge. Hence the Government appeal by the State against their acquittal.

(2.) THE prosecution story briefly stated is that Sahib Ditta Mai alias Munim.ii deceased was related to Gangaram accused in this way that the sister of the deceased was married to Tara Chand. brother of Ganga Ram appellant. Since 1954 Ganga Ram had been taking the annual contract of Tehbazari of the Sabzimandi in the town of Budaun from the Municipal Board and continued to do so till 1969. expect for the year 1957, when the deceased had succeeded in taking the contract. The deceased further succeeded in obtaining the contract for the year 1970 -71 and joined as co -sharers Sonaram (P. W. 1). Nanak Chand (P. W. 2) and Shiv Ditta Mal (P, W. 5). He also later on succeeded in winning over to his side two of the sons of Gangaram appellant viz., Ram Swarup accused and his brother Chimman. The result was that Gangaram appellant started his own Arhat work of vegetables and fruits at his house.

(3.) THE prosecution case is that Ganga Ram did not take his defeat lightly and started inducing vegetable and fruit sellers not to go to the Sabzi Mandi but to come to his Arhat. It is said that after some time, Ram Swarup and Chimman left the deceased and joined hands with their father Gangaram. The tension between the parties was tried to be resolved by Shri Shabbir Hussain, Chairman of the Municipal Board. Budaun but he could not succeed in bringing about a compromise.