RAMESH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Ramesh, Ram Gopal and Ravi Shanker have preferred this appeal against the judgment dated 23- 1 2- 1978 passed by Sri B. B. S. Chaudhary, the then Xth Additional Sessions Judge, Kanpur Dehat, convicting appellant Ramesh u/S.302, IPC simpliciter and the remaining two Ram Gopal and Ravi Shanker u/S.302 read with S.34, IPC and sentencing all the three appellants to life imprisonment.

(2.) The facts of the case, in brief, are that there was a water channel, going through the fields of appellant Ravi Shanker and Ramesh. Ramesh is son of Ram Gopal. They closed the water channel. The deceased Sardar Singh along with Kali Charan and Siduhoo Singh were digging it in the evening prior to the occurrence. The appellant Ramesh and Ravi Shanker reached there and intervened and got it stopped and left saying that they would teach them a lesson. On 21/10/1976 at about 8-30 a.m. the deceased Sardar Singh and Raja Singh were called at the Chabutra of Bhagwan Lodh by Ram Gopal to get the dispute settled. While Ram Gopal and the two deceased Sardar Singh and Raja Singh were talking, appellants Ramesh armed with the gun of his father Ram Gopal, Ravi Shanker armed with a Tabal and Raja Ram armed with a pharsa reached there and threatened that if any one would again dig the water drain, they would kill him. Thereupon a wrangle ensued between the accused-appellants Ramesh and Ravi Shanker one hand and the deceased Raja Singh and Sardar Singh on the other. At that moment Ramesh fired a shot with his gun at Raja Singh and Ravi Shanker and Raja Ram attacked Sardar Singh with the Tabal and Pharsa and thereafter the accused made good their escape. Both the injured died on the spot. An FIR of the occurrence was lodged at police station Gajner at a distance of five miles by P.W. 1 Nawab Singh narrating the above incident. In the FIR in column No. 2 regarding the names of the accused the name of appellant Ram Gopal was not entered.

(3.) The investigation of the case was entrusted to P.W. 8 S. I. Ranvir Singh Solanki, who reached the scene of occurrence, prepared the inquest report of the dead bodies and then sent them for post mortem examination and after completion of the investigation submitted the charge sheet against Ramesh, Ram Gopal, Ravi Shanker and Raja Ram u/S. 302 /34, IPC.