AJAI PAL Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. This appeal came to be filed by 7 appellants, namely, (1) Ajai Pal (2) Ram Dutt (3) Bal Ram (4) Raj Bahadur (5) Jagdev (6) Laxmi and (7) Rajwa. Out of them, Ajai Pal and Ram Dutt are real brothers. The impugned judgment is dated 23-2-1981 rendered by Sri Bhagwan Din, the then IVth Additional Sessions Judge, Hamirpur in Sessions Trial No. 113 of 1980. All of them have been convicted under Section 147 IPC and sentenced to one year's rigorous imprisonment. Ajai Pal and Balram have also been convicted under Section 148 IPC and each sentenced to two years' rigorous imprisonment. All the appellants have further been convicted under Section 307 IPC read with Section 149 IPC and 302 IPC read with Section 149 IPC sentence passed against each of them under Section 307 read with Section 149 IPC is four years' rigorous imprisonment and life imprisonment under Section 302 read with Section 149 IPC. The sentences have been ordered to run concurrently.

(2.) APPELLANTS Jagdev, Balram and Laxmi died during the pendency of the appeal and by order dated 20- 8-2002 the appeal has abated so far as they are concerned.

(3.) AT the fateful time of the present incident, Rameshwar PW 1 and his brother Gaya Prasad were lying in their Khalihan. It was a moonlit night. The appellants with their weapons as detailed above, came over there and giving reference of earlier day's incident, challenged Rameshwar PW 1 and his brother that they would not be allowed to get away. Rameshwar and Gaya Prasad raised shouts. The accused appellants surrounded them and started assaulting them. Dibiya and his brother Ram Kishan came over there with lathis on hearing the shouts of Rameshwar and his brother and they attempted to shield Rameshwar and Gaya Prasad with their lathis. One Vishal Yadav is also said to have appeared there with lathi. Ajai Pal opened fire which hit Dibiya who fell down and died a little while later. The FIR also stated that some on the accused side had sustained injuries.