BALAQI RAM Vs. STATE OF UP

JUDGEMENT

(1.) This is a criminal appeal against the judgment and order dated 23rd July, 1979 passed by the then learned Vth Additional Sessions Judge, Shahjahanpur in Sessions Trial No. 268 of 1977 (State v. Bulaqi Ram and others). Convicting the appellants under Sections 452, 148, 324/149 I.P.C. and sentencing each of the appellants to one yearTs Rigorous Imprisonment and a fine of Rs. 50/- and in default of payment, 452 months Rigorous Imprisonment, under Section 4 I.P.C., a fine of Rs. 50/- and in default of payment, 452 months Rigorous Imprisonment, under Section 148 I.P.C. and a fine of Rs. 250/- and in default of payment of fine to undergo one years Rigorous Imprisonment under Section 324/149 I.P.C. respectively.

(2.) The prosecution case briefly stated is this Gailoo, son of Ram Charan Kisan is a resident of village Dharmapur Aazar, police station Banda, district Shahjahanpur. It is alleged that there had been some altercation, 3-4 days back between Gailoo on the one side and Gokul, son of Baldoo and Ganesh, son of Lila, on the other, on the demolition of the Mondof his (Gailoos field). The village Pradhan Bulaqi settled that matter. Gailoo did not agree to the decision given by Bulaqi. Consequently Bulaqi threatened him to face dire consequences. It is further alleged that Gailoo, his step brother Piarey and his mother Smt. Bijnee were lying in their house in the night intervening 819 September, 1976. There was a dibia light in their house. It is further alleged that Gailoo had a feel of feet of certain persons entering his house through its southern broken wall. Consequently he woke up and awakened his step brother Piareyand told him that certain persons had entered his house. It is further alleged that he and his brother saw and identified in the Dibia light as well as in the moon Light, Gokul armed with spear, Bulaqi Pradhan bed with gun, Janki, Tirmal, Bhumman, Dhakan (all armed with spears) and BulaqiTs son Rilm Pal was armed with a sword. Gokul exhorted the other accused to kill him and his brother. Consequently Bulaqi fired his gun at Piarey who received injuries. He and his brother raised an alarm hearing which Ballas, Sita Ram, Sadhu Nathu, Tara and Chotey Lal reached the place of occurrence while flashing their torches. They throw challenge to the accused and consequently they fled away towards the south. It is further alleged that Gailoo tried to snatch away the gun of Bulaqui and in that process he caught hold of the Chap of the gun. After the incident was over, Gailoo went to police station Banda and lodged an oral report and handed the Chap or the gun over there to the official concerned. On that basis a case was registered against the accused. The investigation ensued. Gailoo and Piarey were medically examined. On the receipt of the injury reports and after the completion of the investigation into the case, a charge sheet was submitted against the accused.

(3.) The prosecution examined Gailoo (P.W. 1), Head Moharrir Ram Nath Gaur (P.W. 2), Chotey Lal (P.W. 3) and Sub-Inspector Shiv Nath Singh (P.W. 4) and relied upon certain documents in support of its case.