RAMESHWAR Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. The murder of one Jhandu Singh resident of village Sikandarabad, Police Station Usehat, District Budaun is the subject matter of the present appeal. The five appellants, namely, Rameshwar, Shyam Pal, Jamadar, Ram Kishan and Onkar were tried in Sessions Trial No. 488 of 1982 before Additional Sessions Judge, Budaun, who convicted all of them under Section 148 IPC and 302 read with Section 149 IPC by judgment dated 26th April, 1985. Shyam Pal and Jamadar are real brothers and again Ram Kishan and Onkar are real brothers. All of them are said to be the associates of Rameshwar, being thick with him. Each of them has been sentenced to undergo rigorous imprisonment for one year for the offence under Section 148 IPC and life imprisonment under Section 302 read with Section 149 IPC. Aggrieved, they have preferred this appeal.

(2.) THE incident took place on 3rd August 1982 at about 6. 45 a. m. near the grove of Jatavs in village Sikandarabad, P. S. Usehat, District Budaun. THE report was lodged by an eye-witness Suresh Pal Singh PW-1 at the concerned Police Station the same day at 2. 10 a. m. THE distance of place of occurrence from the Police Station was 18 kms. THE deceased was the maternal uncle of Suresh Pal Singh PW-1, who resided with him, assisting him in his cultivation. On the fateful day at about 6. 45 a. m. , the deceased was going to his field being followed by his daughter Gayatri Devi and informant Suresh Pal Singh PW-1. When all of them reached in the south of the village near the grove of Jatavs, the appellants appeared all of sudden from the foliage of bushes. Rameshwar and Ram Kishan were armed with Kantas, whereas, the remaining three had lathis. Shyam Pal exhorted and instantaneously all of them pounced upon Jhandu Singh with their weapons and started assaulting him. Jhandu Singh raised cries and Gayatri Devi and Suresh Pal Singh PW-1 also shouted, attracting Om Pal PW-2 and Raksh Pal PW-3 working in the field of one of them (Om Pal ). challenged, the appellants made their escape good. Jhandu Singh was placed on a cot and brought to the Police Station Usehat where Suresh Pal Singh PW-1 lodged the FIR which was taken down, inter alia, under Section 307 IPC Jhandu Singh was being taken from the Police Station to Budaun but he succumbed to his injuries in the way.

(3.) ON conclusion of investigation, a charge-sheet was laid against the appellants whose defence was of denial.