RAM DHANI Vs. STATE

JUDGEMENT

(1.) THESE are three Criminal Appeals nos. 3514 of 1978, 394 of 1979 and 461 of 1979 arising out of the Judgment and order of Sri Rajendra Narain Sinha III Additional Sessions Judge, Fatehpur in the Sessions Trial no. 295 of 1977. He had convicted Vishwanath, Ram Swarup, Badla and Mohan Lal under sections 302 read with 149 and 148, IPC and sentenced them to imprisonment for life on the first count and to three years rigorous imprisonment on the second, with both the sentences running concurrently. He although acquitting Ram Dhani, Bachchi Lal, Rajua, Ram Narain, Kripa and Ram Sajiwan under section 302 read with section 149, IPC had also convicted them under section 148, IPC and sentenced them to three years rigorous imprisonment.

(2.) THE uncontroverted facts are that in the night between December 9 and 10, 1976, the three brothers Bhagauna, Ram Adhin and Devi Dayal sons of Dwarika had been shot dead in the abadi of the village Jalwapur and Kallu son of Dhiraj resident of village Ghana was assassinated soon after to the west of the above abadi by the side of the village path in the field of Bhikha and others. THE thatched roof and the Khaprail structure of the appellant Ram Dhani over land in respect of which his deceased brothers were not prepared to give up their rights without consideration in his favour had also been burnt by the miscreants in the course of the above murders.

(3.) CHHOTEY Lal PW 6 proved the check report Ex. Kha 5 and the G. D. entry Ex. Ka 8 by which this case was registered against the appellants.