RAMDEO Vs. STATE

JUDGEMENT

(1.) These are two connected criminal appeals. Criminal Appeal No. 1757 of 1961 has been filed by Ramdeo, Uma, Abhiraj, Gurbhari and Sahban while the appellant in the connected Criminal Appeal No. 1762 of 1961 is Jagannath. All the appellants have been convicted by the learned Sessions Judge of Deoria of offences punishable under Section 302 read with Section 149 and Section 148 I.P.C. Each of the appellants has been sentenced to imprisonment for life for the former offence and to three years' R.I. for the latter offence. The sentences have been ordered to run concurrently, Eight other persons also stood their trial along with the present appellants but they have been acquitted by the learned trial Judge and we are no longer concerned with them.

(2.) The appellants, the eight acquitted accused persons and the complainant Ram Nakshatra are residents of village Maheshpur, Police, Station Rudrapur, district Deoria. The deceased Ram Narain, brother of the complainant, was also a resident of this very village.

(3.) The prosecution case, stated briefly, was as follows : -- About eight or nine years prior to the date of the occurrence giving rise to these appeals, proceedings under Section 107 Cr. P. C. took place between the complainant, Ram Nakshatra, and some other persons on one side and some of the accused persons on the other side. About four years prior to the date of occurrence, Vashishtha, nephew of appellant Ramdeo, was murdered. Ram Narain deceased, his brother Ram Nakshatra, complainant, and a number of other persons some of whom have been cited as prosecution witnesses in this case were prosecuted for that murder. They were convicted by the trial court but were acquitted on appeal. This order of acquittal was passed about one and a half years prior to the date of the occurrence. The proceedings under Section 107 Cr. P. C. and the acquittal of the persons charged with the murder of Vashishtha are said to have been the motive for the crime which was committed on the 3rd of April 1961. On that date, at about 9 A. M., according to the first information report, and shortly after sun-rise, according to the statements of the eye-witnesses. Ram Narain deceased, accompanied by his brother Ram Nakshatra, Dhandi, Chillar, Ramdas and Mahtam, was having a Pipal tree cut into pieces. The Pipal tree had been taken by Ram Narain from Ganga who was a relation of his. One of the trees was cut and the other was being cut on the day of the occurrence. A man in Police uniform came there and asked Ram Narain whether he had a permit for having the tree cut. Ram Narain replied that he had no permit whereupon he was asked to accompany the man in Police uniform to the Sub-Inspector. Ram Narain stood up. Just then, a bullock-cart with rubber tyres was seen coming in the direction where Ram Narain was. Seeing the bullock-cart, the man caught hold of Ram Narain and mentioned to the driver of the bullock-cart to hurry. The six appellants and the eight acquitted accused persons jumped from, the bullock-cart, armed with Gandasa, spears and Gupti, They all launched a concerted attack on Ram Narain with their respective weapons. Ram Narain died instantaneously. The assailants thereupon ran way, leaving the bullock-cart, which was covered with a Jajim, on the spot. Inside the bullock-cart were found two spears and some brick-bats.