RAM NARAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) THESE three appeals have been preferred by the appellants against the common judgment and order dated 18.10.1986 passed by III -Additional Sessions Judge, Hardoi, convicting the appellant -Shiv Pal under Section 148 I.P.C. and sentencing one year's rigorous imprisonment, further convicting him under Section 302 I.P.C. and sentencing to undergo for life imprisonment whereas remaining appellants have been convicted under Section 147 I.P.C. and sentenced to undergo one year's rigorous imprisonment each and also convicted under Section 302/149 I.P.C. and sentenced to undergo imprisonment for life. All the sentences were directed to run concurrently.

(2.) BRIEF facts giving rise to filing of appeals are in regard to an incident that occurred on 27.6.1982 at about 4.00 p.m. F.I.R. bearing number '60' was registered on 28.6.1982 at about 3.30 a.m. (intervening night of 27/28.6.1982) in Police Station Manjhila, Sub District Shahabad, District Hardoi, on the written complaint of Jhamman Lal S/o Heman Kachchi.

(3.) AFTER sometime, Surjan, accompanied by Jhumman Lal himself and my son Suresh also came. The night was moon -lit. However, wife of Narpati, Smt. Gaura, lit a Lantern. Thereafter, Panchayat proceedings started. Narpati said Ram Narain was substantially younger to him and yet had abused him. Upon so saying, Ram Narain got angry and started abusing Narpati. Both of them traded explicits and started fighting by holding each -other from the neck. Thereafter, Sumer, Babu Ram, Thakuri and Ram Nath also got up, caught Narpati and started pulling him and giving him fist blows, slaps and Thakuri started giving lathi blows to Narpati. Till that time, Shiv Pal kept in sitting. We intervened and started separating them. Thereafter, Shiv Pal also got up, went forward and fired with country made pistol, which hit Narpati on his chest. Thereafter, Shiv Pal fired from a close distance at Narpati, which hit Narpati and he fell down dead. Shiv Pal had fired on the shouting of Ram Narain. The accused thereafter escaped. Written report has been exhibited as Ex. Ka -2. After investigation and complete formalities charge sheet was submitted against the appellants.