RAJ BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) Through this appeal the appellants challenge the judgment and order dated 26-2-1981 passed by the II Additional Sessions Judge, Bahraich in Sessions Trial No. 277 of 1980, whereby they have been convicted and sentenced in the manner herein-after: Appellants Baley, Ram Asrey and Tahloo Under Section 147 of the I.P.C. to undergo one years R.I. and under Section 302 read with 149 of the I.P.C. to undergo imprisonment for life. Appellants Raj Bahadur and Babadeen: Under Section 148 of the I.P.C. to undergo one years R.I. and under Section 302 read with 149 of the I.P.C. to undergo imprisonment for life. The sentences of each of the appellants, on both the counts, were directed to run concurrently. It is pertinent to mention that during the pendency of the appeal, appellants Ram Asrey and Babadeen died and their appeal was ordered to be abated by this Court.

(2.) Shortly stated the prosecution case runs as under Appellants Raj Bahadur and Baley are sons of Appellant Ram Asrey. Appellant Tahloo is the brother of brother-in-law of appellant Raj Bahadur. Appellant Babadeen is the father-in-law of the brother of appellant Raj Bahadur. There was enmity between appellant Raj Bahadur and others on one side and the deceased Babadeen on the other. On account of it, on 8-5-1980 at about 10.30 P.M. appellant Raj Bahadur alongwith a Banka, appellant Babadeen armed with a gun, appellants Baley, Ram Asrey and Tahloo armed with lathies came to the house of the informant in village Baruha, hamlet of Bambhora within the limits of Police Station Kaiserganj, District Bahraich. At that time, the informant Munni Devi (PW-1) and her daughter Lilawati (PW-2) were sleeping and their faces were covered with a chadar (bed-sheet) Appellant Raj Bahadur removed the chadar from the faces of the informant and her daughter and asked the informant where Babadeen was sleeping. Thereafter, appellants Raj Bahadur, Baley and Babadeen climbed on the roof of the informants house with the help of a ladder and appellants Ram Asrey and Tahloo caught hold of the informant and her daughter. The informant and her daughter saw appellant Raj Bahadur belaboring the deceased Baba-deen with a Banka, appellant Baley belaboring him with a lathi and appellant Babadeen firing two rounds on him. In the meantime, witnesses Babadeen, Manorath and Chhotey with torches came to the place of the incident and in the light of their torches the informant and her daughter saw the incident. Thereafter the appellants ran away. Thereafter the informant went on the roof and found that her son Babadeen was dead. Thereafter she proceeded to Police Station Kaiserganj where she lodged the FIR.

(3.) The evidence of S.O. Amarnath Singh, S.O. (PW-5) shows that on 9-5-1980 he was posted a Police Station Kaiserganj and in his presence the informant Munni Devi dictated the FIR (exhibit K 1) On the basis of the said FIR at 2.15 A.M. the same night, a case was registered. It is pertinent to mention that the distance between the place of the incident and Police Station Kaiserganj was 12 KM5.