BABOO RAM Vs. STATE OF U P

JUDGEMENT

(1.) H. C. Mital and U. K. Varma, JJ. Babu Ram, Ram Autar and Chandra Bhan appellants have preferred this appeal against the judgment and order dated 6/9. 1. 79, passed by Sri P. K. Jain, VII Additional Sessions Judge, Farrukhabad, in Sessions Trial No. 59 of 1978. The appellant Babu Ram has been convicted and sentenced under Section 302, I. P. C. to life imprisonment. Ram Autar has been convicted and sentenced under Sec. 307, I. P. C. to five years' rigorous imprisonment and appellant Chandra Bhan has been con victed and sentenced under Sec. 323, I. P. C. to six months' rigorous imprisonment.

(2.) THE facts of the case, in brief, are that on 22. 11. 77 at about 10. 00 a. m. accused Babu Ram alias Lalley and Chandra Bhan, both sons of Shiv Dayal, were taking water to their field from the tube-well of appellant Ram Autar through in front of the door of the complainant Babu Ram son of Pearey Lal. Smt. Swet Kumari, aunt of the complainant Babu Ram P. W. 1 objected to it, thereupon appellant Chandra Bhan gave a Danda blow on her head. THEreafter a quarrel ensued and the parties quarreling reached in front of the house of Sia Ram and Mewa Ram Kachi where appellant Babu Ram brought a gun of his brother from his house and Ram Autar brought a pistol and then challenged the prosecu tion witnesses and said that they would shoot if any one objected to the flow of water. Even the Ramendra Prasad, brother of Babu Ram objected that they would not permit the flow of water. P. W. 1 Babu Ram, the complainant, and Om Prakash also brought out lathis and challenged the appellants. THEreupon appellant Ram Autar fired a shot from his pistol causing pellet injuries to Ramendra Prasad, Om Prakash, Jai Prakash, Smt. Shanti Devi, Ved Prakash, Smt. Ram Beti and Smt. Long Sari. THEy all then started running and then Babu Ram appellant fired a shot from his gun which caused fatal injuries on the back of Ramendra Prasad, who fell down dead on the platform infront of the house of Mewa Ram.

(3.) IN the opinion of Dr. Singh all the injuries were fresh. They were caused the same day at about 10. 00 a. m.