RAMA SHANKER Vs. STATE OF U P

JUDGEMENT

(1.) -Six persons, namely, Rama Shanker, Ram Ujagar, Tirath Nath, Arjun Prasad, Radhey Shyam and Ram Chandra were charged by the IIIrd Additional Sessions Judge, Sultanpur in Sessions Trial No. 59/1982 for offences punishable under Sections 302/149, I.P.C. ; 325/149, I.P.C. and 323/149, I.P.C. In addition, Tirath Nath was charged for the offence punishable under Section 148, I.P.C. and the remaining five, namely, Rama Shankar, Ram Ujagar, Arjun Prasad, Radhey Shyam and Ram Chandra for that punishable under Section 147, I.P.C. The learned Judge vide judgment and order dated 13.1.1984 convicted and sentenced them in the manner stated hereinafter :

(2.) AGGRIEVED by their convictions and sentences Rama Shankar, Ram Ujagar, Tirath Nath, Arjun Prasad, Radhey Shyam and Ram Chandra have preferred the instant appeal. It is significant to mention that during the pendency of the appeal, appellants Rama Shankar and Ram Chandra have been reported to be dead by the C.J.M., Sultanpur. Consequently, their appeal would stand abated in terms of Section 394, Cr. P.C.

(3.) THE injuries of Jagat Narain and Kamla Devi were medically examined on 17.7.1980 at 8.00 p.m. and 8.30 p.m. respectively by Dr. R. K. Khandari, C.W. 1 at Primary Health Center, Amethi. On the person of Jagat Narain Pandey, Dr. Khandari found the following injuries :