NAND RAM Vs. STATE OF U P

JUDGEMENT

(1.) - The accused appellants Nand Ram and nine others have been convicted under section 302/149, .P.C. and sentenced to undergo imprisonment for life and six months R.I., under section 147 I.P.C. The accused, Nand Ram, Ram Lal, Nanhey, Kanti, and Shyam Lal have been further convicted under section 148 I.P.C. and sentenced to under go R.I. for a period of one year. They have felt aggrieved and have come up in appeal.

(2.) The facts which have given rise to this appeal are briefly put as below: - Jwala Prasad (P.W. 2) is an old a resident of village Bhejipura Piparsana but is settled in village Thiria, Police Station Deorailia, District Bareilly for the last nine years and is carrying on cultivation there. He has constructed a Pucca house. The accused were inimical to Jwala Prasad and his family on account of the fact that the latter had purchased some land belonging to the relations of the accused and were carrying on good cultivation. The accused are residents of village Thiria. The accused Bhajan Lal, Nand Lal, Kanti and Nanhey are brothers, Badri was prosecuted for having committed theft on the complaint of the accused. Jwala was a surety of Lamboo alias Deo Ram. The accused felt aggrieved on that account also. Some litigation between the brother-in-law of Jwala and Nand Ram accused is pending and Jwala helped his brother-in-law is that litigation. The accused tried to cause obstruction in the marriage of Smt. Bhuri (P.W. 4) a daughter of Jawala but inspite of their obstruction she has been married. This has also caused displeasure to the accused. A quarrel took place between the deceased Salik Ram and the accused Kanta, Ram Lal and Nanhey when the latter abused Bhuri (P. W. 4). Another quarrel took place when the accused Ram Lal and Shyam Lal carried the tractor through the (pairy) of Jwala Pd. Jwala Pd. and his family members were, therefore, not on talking terms with the accused. Jwala (P.W. 2) was lying beneath his Chhappar on the mid-night between 18th and 19th February, 1980. Kesari Lal and Hira Lal were sleeping nearby. Salik Ram was lying in a room situated towards the south of the house whereas Bhuri (P. W. 4) was lying in the northern room nearby. Ganeshi the wife of Jwala was also in the northern room. A country lamp was lit in the room of Salik Ram and a lantern was fit in the Khaprail- Jwala rushed inside the house along with Kesri Lal and Hira Lal on hearing the cry of Salik Ram. They saw the accused assaulting Salik Ram inside the room. Nand Ram was armed with a Tabal. Ram Lal was armed with a spear. Kanti and Nanhey were armed with Sujas. Shaym Lal accused was armed with his licensed gun. Babu Ram and Nathoo were armed with lathis. Salik Ram came out in the Khaprail but he again ran back. The accused chased him and killed him inside the room. There was sufficient light there Jwala and others raised on alarm. Shyam Lal threatened to kill them with his gun and fired towards the east without causing any injury to anyone. The accused made good their escape. They were nine in number and were recognised in the light of lantern and country lamp. Jawala Pd. dictated the report Exh. Ka. 4 to Nathoo Lal and carried it to the Police Station on next morning at 7 A.M. Chik of first information report Exh. Ka. 6 was prepared and the crime was registered in the General Diary. Sri Ganga Ram (P.W. 5) the then station officer, Police station Deorania was present when the first information report was lodged. He investigates the case and reached the scene of occurrence and prepared the site plan Exh. Ka. 8. He found the dead body inside the house and he kept it in a sealed cover after preparing Panchayatnama and other connected papers.

(3.) Dr. K. S. Tiwari (P.W. 7) conducted the Postmortem examination on the dead body of Salik Ram and found the following ante mortem injuries on the dead body: 1. Lacerated would 4 cm. x I cm. bone deep in the middle obliquely placed just if above prominence of occiput. 2. Lacerated would 3 cm. x 1 cm. x scalp deep on the scalp left side just above left ear obliquely. 3. Abrasion I cm. x 1 cm. on right side forehead 1 cm. above end of eye brow. 4. Abrasion 1 cm. x 0.5 cm. on right check 1 cm. below outer angle the eye. 5. Abrasion 2 cm. x 0.5 cm. on left check 1 cm. outer to other angle of left eye. 6. Abrasion 0.5 cm x 0.5 cm. on lower lip right side 1.5 cm. from mid line.