LAWS(ALL)-1991-3-172

LACHAMAN AND OTHERS Vs. STATE OF U.P.

Decided On March 26, 1991
Lachaman And Others Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 18th Jan., 1979 passed by Sri B. K. Misra, II Additional Sessions Judge, Shahjahanpur in Session Trial No. 501 of 1978 by which the appellants have been convicted for the offences punishable under Sec. 302 I.P.C. read with Sec. 34 I.P.C. and 324 I.P.C. read with Sec. 34 I.P.C. and each of them has been sentenced to undergo life imprisonment under Sec. 320 I.P.C. read with Sec. 34 I.P.C. and for 18 months' rigorous imprisonment under Sec. 324 I.P.C. read with Sec. 34 I.P.C. The sentences were made to run concurrently.

(2.) The case of the prosecution, in brief, has been that on 2nd Aug., 1978 at about 10.00 p.m. three appellants alongwith one unknown person forced their entry into the house of Ram Swarup by coming on the northern thatch of Ram Swarup's house through the roof of adjacent house of appellant Ram Pal. After jumping into the house of Ram Swarup situate in village Udiyapur within the circle of police Station Sehramau south, district Shahjahanpur. According to the prosecution, a lantern and Dibia were glowing in the house and (P.W. 6) Smt. Kalawati was massaging the body of her husband Ram Swarup who was lying on a cot under the thatch situate to the south of the court-yard and her son (P.W. 4) Ram Chandra was lying on another cot and they all on seeing the intruders got up and came to the 'Angan' and raised alarm but the intruders out of outstanding enmity started beating them and on the exhortation of Ram Pal, Lachhaman fired two shots from his pistol at Ram Swarup who fell down on the ground. It is alleged that Faqire appellant was armed with Lathi, Ram Pal appellant was armed with a spear and the unknown accomplice was armed with Kanta while Lachhaman was armed with pistol and all the four persons went away after breaking open the 'Sankal of the southern door. It is alleged that several persons of the neighbourhood, including (P.W. 5) Jodha had come out side of the House of Ram Swarup on hearing the hue and cry made by Smt. Kalawati and her son Ram Chandra and happened to see in the light of their torches the three appellants and their accomplice going out from the southern door of the house of Ram Swarup and they went away towards east with their arms. Ram Swarup was then placed on the cot but soon after it he breathed his last.

(3.) P.W. 4 Ram Chandra Lodged a written report of the incident in question at 8.25 a.m. on 3rd Aug., 1978 at the police station situate at a distance of 16 miles from the village in question. Head Constable Kripal Singh (P.W.-2) prepared the check report and made entry of the substance in the general diary. Bhanwar Singh Sub-Inspector of Police (P.W.-7) made the investigation of the case, sent the dead body of Ram Swarup for post mortem examination after getting the inquest report prepared made local inspection and prepared site plan, took in possession two empty cartridges, sample of blood stained and plain earth from the 'Angan'. He also took in possession the lantern, Dibia and torch of Jodha and gave them back in the supurdagi of owners.