RAM AUTAR Vs. STATE OF U.P.

JUDGEMENT

(1.) These are two connected criminal appeals filed by Ram Autar and Gaya Prasad against their conviction and sentence under Sections 302/147/149, I.P.C. passed by the IX Additional Sessions Judge, Kanpur on 15.1.79 in Sessions Trial No. 223 of 1977.

(2.) Alongwith these two appellants two other co-accused, namely, Gore Lal and Chhatra Pal were also tried but they were acquitted by the Trial Judge.

(3.) The prosecution case, in brief, it that deceased Chhedi Let was working in Railway as a Gangman and at the time of incident, was posted at Prernour Railway Station, District Kanpur. He was allotted a quarter there. In the night of 11/12th May, 1977, at about 12.30 p.m. when he was sleeping outside his quarter, the appellants Gaya Prasad Gangman, and Ram Autar Keyman, accompanied with 2 or 3 persons armed with Ballam and lathi arrived there from the north and suddenly over powered Chhedi Lal, Gaya Prasad started assaulting Chhedi Lal with his Ballam on his face. Baijnath, the maternal uncle of Chhedi Lal, who had come to see Chhedi Lal a day prior to the incident, was also lying near Chhedi Lal. Some other persons were also sleeping there. The appellants who were known to the informant Baijnath from before were identified by him in the flashing of torches of Indrasen and Thakur Chandrapal Singh who also arrived there. Meanwhile, the appellants and their associates managed to escape.