MURTI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a Criminal Appeal against the Judgment and order dated 18.7.1979 passed by the then VII AddI. Sessions Judge, Shahjahanpur in Session Trial No. 606 of 1978 convicting the appellants under Sections 147 and 307 read with section 149, I.P.C. and sentencing them to two years, and 5 years Rigorous Imprisonment each respectively thereunder.

(2.) The prosecution case in brief is that the informant Lal Bahadur son of Bhudhar is a resident of village Jarbhan within the police station Powayan district Shahjahanpur. It is alleged that one Ram Singh resident of the said village was murdered a few months back. Consequently Ram SinghTs brother Ram Sagar had implicated Lal Bahadur, his brothers and six others in the murder case of Ram Singh. Not only this but he (Ram Sagar) had also lodged First Information Report against him (Lal Bahadur) and two others of the said village under Section 307, I.P.C. 3,4 months after the murder of Ram Singh. Therefore Ram Sagar had generated feelings of animosity against Lal Bahadur and other members of his family. Lal Bahadur was released on bail 20-21 days back in the said case. It is further alleged that Ram Sagar had formed a party consisting of himself, Buddhu Lal, Jagar Nath and Sheo Nandan residents of the said village and one Murari Pasi resident of village Takeli with a view to killing him (Lal Bahadur). It is further alleged that Lal Bahadur aporehended danger to his life and, therefore he made up his mind to settle in village Gagsara where his brother Hardwari s Sasural was. It is further alleged that Lal Bahadur along with his brothers Hardwari, Put too Lal and borther-in-law (Sala) Nilkanth was going to the said village Gagsara. It was at about 1.30 P.M. that they reached the field of Balkoo Dhobi resident of village Takeli and were surrounded by Ram Sagar and Sunder Lal, sons of Dadram, Jagarnath son of Kissa Pasi, Shivnandan Singh son of Roop Singh resident of the said village Jarbhan and Murari resident of village Takeli. Sunder Lal was armed with a gun whereas others were holding lathis in their hands. They threw challenge to him (Lal Bahadur) and expressed that they would not spare him. Thereafter a fire was shot at him at once. That fire-shot hit his brother Put too Lal. They all raised alarm. But the above named accused persons started wielding lathis on Put too Lal indiscriminately. Hearing the alarm raised, Ram Das son of Khayali and many others of his village, while shorting rushed to the place of occurrence. Consequently the accused fled away leaving Put too Lal on the spot. Lal Bahadur took Put too Lal to the police station by a bullock cart and lodged a report there. After the completion of the usual investigation a charge-sheet was submitted and on that basis a case was registered. The appellants Murli and Shoo Nandan were tried on that basis in the Session Trial No. 606 of 1978 State v. Murli and other and on the conclusion of the evidence they were convicted and sentenced by the aforesaid learned AddI. Sessions Judge vide his impugned judgment and order as mentioned above. Being aggrieved they preferred the present appeal against the same.

(3.) It may not be out of place to mention that the co-accused Ram Sagar, Jagarnath and Sunder Lal in respect of the same incident the facts of which have been narrated above were tried separately in the earlier Session Trial No. 303 of 1975 wherein the then Learned VII AddI. Session Judge, Shahjahanpur convicted them under section 147, I.P.C. and 307 read with section 149, I.P.C. and sentenced them respectively to one year and five yearTs Rigorous Imprisonment there under. He further convicted Sunder Lal under section 148, I.P.C. and 307 read with section 149, I.P.C. and convicted him to two years and five years Rigorous Imprisonment respectively there under. Having been aggrieved of the judgment and order the co-accused Ram Sagar and others preferred a Criminal Appeal being Appeal No. 2186 of 1977 Ram Sagar and others v. State of UP. against the same. The Honble High Court vide its judgment dated 26.4.1982 allowed the said appeal, set aside the judgment and order of the AddI. Sessions Judge and acquitted the co-accused Ram Sagar, Jagarnath and Sunder Lal of the charges leveled against them. A certified copy of the judgment of Criminal Appeal No. 2186 of 1977 has been filed by the appellants in the instant Criminal Appeal No. 2189 of 1979 Murli and another v. State.