RAM KISHAN Vs. STATE OF U P

JUDGEMENT

(1.) APPELLANTS Ram Kishan, Nek Ram, Chitter alias Chet Ram, Sia Ram and Subedar have preferred the instant appeal against the judgment and order dated 20 -2 -1979 passed by Sri M.P.S. Tomar, III Additional Sessions Judge, Etah in Sessions Trial No. 432 of 1978 by which appellants Nek Ram and Chittar alias Chet Ram were convicted and sentenced to undergo imprisonment for life under section 302/149, I.P.C., six months' R.I. under section 323/149, I.P.C. and on a year's R.I. under section 148, I.P.C. and appellants Ram Kishan, Sia Ram and Subedar were convicted and sentenced to undergo imprisonment for life under section 302/ 149, I.P.C., six month's R.I. under section 323/149, I.P.C. and one year's R.I. under section 147, I.P.C. Co -accused Nirottam was, however, held not guilty and was, therefore, acquitted of charges levelled against him.

(2.) BRIEFLY stated that prosecution case is that the appellants Nekram, Chittar alias Chet Ram and Sia Ram are sons of appellant Ram Kishan and appellant Subedar is brother -in -law (Sala) of appellant Siva Ram and accused Nirottam is his Serhu. It is alleged that on 9.9.1977 deceased Pooran son of Jhunku and nephew of complainant Sardar was carrying pucca bricks to and from the house of Mewa Ram of village Agaunapur since early morning and when at about 1.30 P.M. he after loosening his asses, was coming back to his house, his asses entered into the sugarcane field of appellant Ram Kishan. Ram Kishan started hurling abuses to Pooran with the result an altercation followed. Pooran advancing further reached the plot of one Raj Kumar which was situated near the village but in the meantime Ram Kishan loudly called upon his sons to come with guns and country made pistols and to hill him. Appellant Nek Ram armed with single barrel licensed gun of Daya Ram, Chittar alias Chet Ram armed with a country made pistol, Sia Ram Subedar and Nirottam armed with lath is came there and immediately thereafter Nek Ram and Chittar fired shots at Pooran with the result he was injured and fell down. Sardar tried to save him. He was also beaten with lathis. Sardar got a written report scribed by one Shyam Swaroop, of Palra and lodged it at police station Aliganj at about 4 P.M. Pooran died on the way while being taken away to police station on a cot by Sardar etc.

(3.) ACCORDING to Siya Ram, when this Marpit was going on someone from the grove fired a shot which hit Pooran and he died then and there. The incident took place near the village pond and grove of one Haripal. After the death of Pooran both the groups separated and went away. Kaddhi who was ill had not taken part in the incident. Since the routes to the police station were guarded by his opponents nobody could reach the police station earlier to lodge the First Information Report.