NAND RAM Vs. STATE OF U P

JUDGEMENT

(1.) -These two connected appeals arise from judgment and order dated 30.8.1984 passed by Sri M. M. H. Siddiqi, Sessions Judge, Pilibhit in S.T. No. 299 of 1983. The appellants in Criminal Appeal No. 2432 of 1984 are Nand Ram and Rama Shanker whereas Ramadhin and Bhagwan Shankar are the appellants in Criminal Appeal No. 2476 of 1984. All of them have been convicted under Section 302 read with Section 34, I.P.C. and sentenced to life imprisonment.

(2.) THE board spectrum of the case may be set forth. THE incident took place in village Akhala, police station Bisalpur, District Pilibhit on 31.8.1983 at about 7.00 a.m. THE report was lodged at the concerned police station by Rakesh P.W. 1 son of the deceased the same day at 10 a.m. THE distance of the police station from the place of occurrence was five miles. THE deceased was Rakesh's father, Ram Prakash. THEre was a pathway north-south in between the houses of the accused-appellants and the deceased. Houses of the former were on the eastern side of the pathway and that of the latter in the south. THEre was a kachcha chabutara in front of the house of the deceased and towards its east, there was a kachcha pathway. Water of the houses as well as rainy water used to flow in this pathway. Due to continuous flow of water, the earth of the chabutara had been washed away and it was rendered sloppy. Towards east of this passage, there were houses of the accused-appellants, Nand Ram and Ramadhin. THEre was also a kachcha chabutara in front of the house of the accused. On the fateful day, i.e., 31.8.1983 at about 7.00 a.m., the accused-appellant Nand Ram was extending his chabutara by putting earth on it and making a slope over it. THE deceased objected to it, saying that due to this act of the accused the passage would be narrowed down and water would flow towards his chabutara. Nand Ram accused-appellant started abusing the deceased and the matter flared up. THE witnesses, Rakesh (son of the deceased), Smt. Krishna Devi (wife of the deceased), Lala Ram and others came to the spot. Nand Ram angrily held out that score would be settled that very day. He went inside his house calling his nephew, Ramadhin and sons of Ramadhin, namely, Bhagwan Shankar and Ram Shankar. Ramadhin was armed with 'kanta' whereas Bhagwan Shankar and Rama Shankar had spears. Nand Ram himself was armed with lathi. All of them appeared with their such weapons and started assaulting the deceased with the intention to kill him. On receiving injuries, the deceased fell down at the spot. On the hue and cry of the witnesses, the accused-persons ran away towards their house. THE victim became unconscious and he was placed on cot by his son and wife who brought him on Amrita Road. A tonga was hired and the victim was placed thereon. While they were going to police station and hospital, the victim died near the Bisalpur bus stand.

(3.) THE material evidence is that of Rakesh P.W. 1, Lala Ram P.W. 2 and Smt. Krishna Devi P.W. 3, wife of the deceased who have been examined as eye-witnesses.