LAWS(ALL)-2002-3-27

RAM RATAN Vs. STATE OF UTTAR PRADESH

Decided On March 01, 2002
RAM RATAN Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Appellant Ram Ratan has preferred this appeal against the judgment and order dated 29-3-1993 passed by Special Judge/Additional Sessions Judge, Shahjahanpur in Sessions Trial No.339 of 1991 convicting the appellant under Section 323, 324 and 302, I.P.C. and sentencing him to undergo R.I. for a period of 3 months under Section 323, I.P.C., R.I.for a period of one year under Section 324, I.P.C. and imprisonment for life under Section 302, I.P.C.

(2.) Appellant Ram Ratan was the real brother of Ram Pal and Bheemsen (co-accused who had not appealed). Bheemsen was father's elder brother of Ram Avtar deceased. Maiku Lal (P.W.1) Ram Avtar deceased and Ram Ladete (P.W.2) were real brothers. They and the appellant Ram Ratan were residents of village Babunuwa, P.S. Tilhar, district Shahjahanpur. Houses of appellant and the deceased were previously one and subsequently partitioned and thee was an intervening wall between their houses. The house of appellant faced towards north in the lane while that of deceased faced towards west towards rasta.

(3.) Before a month of the occurrence of this case Ram Ladete (P.W.2) was reading Alha-bok of appellant Ram Ratan. Ram Ratan snatched his book and started reading it sitting on Charpai of Ram Ladete. Ram Ladete removed the appellant from his Charpai. On it Ram Ratan threatened to see him.