RAM PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) U. S. Tripathi, J. This appeal has been directed against the judgment and order dated 7-5-1987, passed by the then learned I Addl. Sessions Judge, Etah in Session Trial No. 285 of 1983, convicting appellants Ram Prasad (died), Mihi Lal (died), Havaldar (died), under Sections 147, 307 read with Sections 149 IPC 302 read with Section 149 IPC and sentencing each of them to undergo RI for a period of one year under Section 147 IPC for a period of four years under Section 307 read with Section 149 IPC and imprisonment for life under Section 302 read with Section 149 IPC and convicting appellants Shiv Dan, Suraj Bhan @ Suraj Pal, Dev Singh and Ram Avtar under Sections 148, 307 read with Sections 149 IPC and 302 read with Section 149 IPC and sentencing each of them to undergo RI for a period of two years under Section 148 IPC, RI for a period of four years under Section 307 read Section 149 IPC and imprisonment for life under Section 302 read with Section 149 IPC. All the sentences were ordered run concurrently.

(2.) THE prosecution story briefly stated was as under: Suraj Singh deceased, father of Natthu Singh P. W. 1, Kallu, P. W. 3, Bhanwar Singh, P. W. 4 and all the appellants were residents of village Kishanpur, P. S. Kotwali, District Etah. THEre was enmity between the parities and there were two groups in the village. Appellants were Jatavas while prosecution side were Thakurs. A criminal case under Section 307 IPC had taken place in which Ram Prasad and one Chiranji Lal were accused and Suraj Singh deceased had given evidence against them. Though the parties compromised in the said case, but Ram Prasad was having enmity with Suraj Singh. It is alleged that the police had recovered some illicit liquor from the possession of Ram Prasad and Ram Avtar. THEy were suspecting that Natthu Singh P. W. 1 had given information to the police regarding it.

(3.) SURAJ Singh deceased was referred to S. N. Hospital, Agra, where he died at 3. 30 a. m. on 23-3-81.