NURAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred by Nuran, Chunna, Tika Ram, Lal Singh and Ramesh against the judgment and order of First Additional District and Sessions Judge, Budaun, convicting and sentencing Nuran under section 147, I.P.C. to six months R.I. and the rest of the appellants under section 148, I.P.C. to one year's R.I. Each of the appellants have further been sentenced to life imprisonment and R.I. for five years under sections 302 and 307 both read with section 149, I.P.C. and to two years R.I. under section 201, I.P.C.

(2.) Out of the five appellants, Lal Singh and Ramesh are dead. Their appeals have abated.

(3.) Amar Singh (P.W. 1), appellants Chunna and Nuran are residents of village Khakroli, Police Station Rajpura, district Budaun, Several litigations had taken place between them and, therefore, the two appellants were on inimical terms with the complainant party. In the morning of 23.6.1978, Amar Singh and his servant Rama Shanker (P.W. 2) were working in the field of Amar Singh. Appellants Nuran and Ramesh had assaulted Rama Shanker. Amar Singh had fled away from the spot. Amar Singh, Rohan Singh and their servant Rama Shanker had gone to the police station on a bullock-cart for lodging report about the morning incident. At about 7.30 p.m. the same day, the three along with Roop Ram and Har Prasad were returning to the village. Amar Singh, Roop Ram and Har Prasad had their torches. When at about 9 p.m., the bullock-cart reached near the filed of Khairati, five persons surrounded the bullock cart. The three persons possessing torches flashed their torches and saw that Ramesh had a country-made pistol, Nuran had a lathi, Tika Ram had a Ballam, Chunna had a Kanta and Lal Singh had a double barrel gun in their hands. The three persons got down from the bullock-cart and the five assailants started assaulting them. A fire was also opened towards the three persons causing injuries to Rohan Singh. Rohan Singh died on the spot. Roop Ram and Har Prasad had gone a little away from the place of occurrence. On the alarm of the victims, Bodhan and Ram Singh arrived from the village flashing their torches. Meanwhile the assailants picked the dead-body of Rohan Singh and went towards south. Amar Singh and Rama Shanker had received injuries. Amar Singh did not lodge report in the night due to fear. In the morning, he went to the police-station and lodged the report at 6.15 a.m. on 24.6.1978.