RAGHAV PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) The four appellants were charged together for committing the triple murders of Ram Avtar, Namo Shanker and Girija Shanker on 06.08.1986 at 8 am by the learned Additional Sessions Judge, Karvi (Banda) in Sessions Trial No. 88 of 1986 and by judgment dated 08.11.1989, were held guilty of committing the said offence. The appellants were heard on sentence on 15.11.1989 and each of them was directed to suffer rigorous imprisonment for life as also to pay fine of Rs.6000/- each. The learned Judge, who passed the order of sentence, did not point out as to in case of non-payment of fine, whether the appellants were to suffer any term of imprisonment. The four appellants have preferred the present appeal to assail the judgment of conviction dated 08.11.1989 and order of sentence dated 15.11.1989.

(2.) The appeal having been filed in 1989, travelled so long as to be taken up for hearing only in July, 2013 and finding that the counsel, Sri C P Mishra was not ready to argue the appeal and had sent the paper book back to the Bench Secretary of the Court, the Court requested Smt. Mridula Tripathi, Advocate to assist us by arguing the case as amicus curiae. This is how we have been enabled finally in dictating this judgment today.

(3.) It appears that informant Ram Gopal, son of one of the deceased, namely, Ram Avtar, had some dispute regarding measurement of certain lands, which were probably part of common property as the appellants appear decedents of the same stock. It was alleged by the informant that deceased Namo Shanker, his fufa accompanied by his brother, deceased Girija Shanker had reached early on 06.08.1986 and after being accompanied by Nirbhay Kumar and Surendra Kumar (both not examined) came near the fields situated on the bank of a river so as to getting the land measured finally for resolving the dispute. It appears that the appellants reached there armed with lathi, barchhi and bhala and stated to the informant that they did not accept the measurement done by the deceased persons and they started beating up the three deceased, namely, Ram Avtar, Namo Shanker and Girija Shanker with lathi, bhala and barchhi, as a result of which, the three were badly injured and were brought to the police station for lodging the report.