RAMA KANT Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) All the above named appellants stand convicted under Section 302 read with Section 149, I. P. C. and sentenced to life imprisonment. Appellants Ramakant. Salyapal and Banwari have further been convicted under S. 148, I.P.C. and Ram Niwas and Subedar under S. 147, I.P.C. and all these have been further sentenced to one year R.I. each. The sentences have been ordered to run concurrently.

(2.) The prosecution case in brief is the' appellant Ramakant was being prosecuted for the murder of Dinesh Chaprasi in which Ram Raj deceased was a witness. Ramakant had threatened Ram Raj not to give evidence against him. He had made a report to the police and since then the appellant had a serious grouse against him. It is alleged that on 30-10-1983 at about 4 P.M. when informant P.W. 1 Bhagwan Deen and his brother Ram Raj deceased were returning from their field with a load of fodder and reached to the north of the grove of Siya Ram on the Pagdandi, appellant Ramakant. Satyapal and Banwari armed with guns, Ram Niwas and Subhedar armed with lathis suddenly appeared from behind and challenged Ram Raj. Ram Niwas and Subedar shouted, "ISKE BARE DIMAGH KHARAB HAIN SALE KO JAAN SE MAAR DO BACHNE NA PAWE", thereupon Ramakant, Satyapal and Banwari Lal fired at his brother on his back as a result of which he fell down and died after some time. On hearing the alarm and gun shots, witnesses Daya Ram, Chhotey Lal, Mitthu Lal and many others from the village arrived. The assailants managed to make good their escape. The F.I.R. of the occurrence was lodged at 6.30 P.M. on the same day at P.S. Kanth, District Shahjahanpur at a distance of six miles. On the basis of the F.I.R. case was registered against the appellant and the investigating Officer arrived at the scene of occurrence, prepared inquest report and sent the deadbody for postmortem which was conducted by Dr. U.D. Kapoor who noted the following injuries, vide postmortem report (Ex. Ka-2). Ante Mortem Injuries :

(3.) Version of the appellants has been that they had been falsely implicated on account of enmity; that they have also denied that the deceased was a witness in the murder case of Dinesh Chaprasi. Ramakant has, however, admitted that he was an accused in that case. It is further alleged that the deceased himself was a man of bad character and, therefore, was killed by some other person.