KAILASH NARAIN Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the appellant Shri Raghuraj Kishore and Shri J.S. Sengar and Shri Ratan Singh Additional Government Advocate for the State.

(2.) This appeal was filed by 6 appellants against the order of conviction and consequent sentence of life imprisonment under Section 302/149. I.P.C. appellants Kailash Narain and Jitendra Singh were convicted and sentence under Section 323 I.P.C. to Rigorous Imprisonment for one year and under Section 147 I.P.C. to 2 years Rigorous Imprisonment to appellant Nos. 1, 2, 5 and 6 namely Kailash, Udai Narain, Ram Babu and Jitendra Singh Appellants Nos. 3 and 4! Ram Shankar and Ram Autar, were convicted under Section 148 I.P.C, and sentenced to 2 years Rigorous Imprisonment. All these sentences were to run concurrently.

(3.) The incident in this case occurred on the night intervening 14/15/7/1976 at about 1/1.30 a.m. on the roof if the house of the deceased Onkar Nath. The report of the incident was lodged at 7.00 a.m. by Ram Gopal P .W. 5. brother of deceased Onkar Nath. The enmity that played its role behind this murder was on account of the construction of a shop by the deceased on the Gram Samaj Land. According to the F.I.R. at the place of occurrence no source of light was there but for the moon light. The F.I.R. of the incident came into existence on 15/7/1976 at 7.00 a.m. The police station is situated at a distance of 6 miles from the place of occurrence. Smt. Urmila allegedly also suffered injuries in this case. Her injuries were from some sharp edged pointed weapon. The deceased had not suffered any sharp edged weapon injury despite the fact that Udai Narain and Ram Shankar were possessing Karaulis and alleged to have used them as knife. The other three accused Kailash Narain, Ram Babu and Jitendra Singh were unarmed. Three appellants were said to have pressed the deceased on the cot.