RAM PAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Brijesh Sahai, Sri N.K.Sharma, and Sri J.S.P. Singh, appearing for the appellants and Sri R.Y. Pandey, AGA assisted by Syed Ali Murtaza, brief holder for the respondent State, and perused the record.

(2.) THIS criminal appeal has been preferred against the judgment and order dated 8.8.2008 passed by the Additional District and Sessions Judge/Fast Track Court no. 2, Jalaun at Orai, in S.T. Nos. 69, 67, 66, 68 of 1998 and 7 of 1999, whereby appellants- Ram Pal, Prem Narain, Uday Bhan, Darshan Singh @ Dadi, Lal Diwan, Param Sukh @ Tutti, Rajendra and Devi Singh @ Devi Prasad, have been found guilty under section 148 and 302/149 IPC and sentenced to two years' RI with fine of Rs. 2000/- each under section 148 IPC and life imprisonment with fine of Rs. 6,000/- each under section 302/149 IPC with default stipulation. Appellants- Ram Pal, Param Sukh @ Tutti, Rajendra, Devi Singh @ Devi Prasad have further been convicted under section 25, Arms Act and sentenced to two years' RI with fine of Rs. 2000/- each thereunder with default stipulation. All the sentences were ordered to run concurrently. The appellants were, however. acquitted of the charge under section 147 IPC and 3(2)(5) of SC/ST Act.

(3.) THE facts culled out from the record, are that a written report dated 10.3.1998 was submitted by Parmatma Sharan Ahirwar son of Sri Makundlal, resident of Aindha, Police Station Kotra, district Jalaun, alleging that at about 8 A.M. Ram Narain, brother of the complainant as usual was going to relieve himself of the nature call in the agricultural field. He met Accused appellants Ram Pal, Prem Narain, Uday Bhan, Darshan Singh @ Dadi, Lal Diwan, Param Sukh @ Tutti, Rajendra and Devi Singh @ Devi Prasad, all residents of village Aindha who were armed with country made pistols, gun, Farsa and axe. As soon as Ram Narain, brother of the complainant reached the field, he was surrounded by the accused appellants who after exhorting " MARO SALE KO BACHANE NA PAYE" started indiscriminate firing, due to which Ram Narain died there in the agricultural field. The incident was seen by Janak Dulari - village Pradhan, wife of Ram Narain and Vijai Kumar son of Ram Narain, Kailash son of Parmai Lal resident of Sinhari Daudpur, Lal Ram son of Dudh Lal, Bahadur son of Parsoley etc. who were cutting crops in the field. It was also averred in the written report that brother of the complainant had taken about 20 bighas of agricultural land of Shiv Narain ( brother of accused Ram Pal, Prem Narain, Udai Bhan and Darshan Singh ) on Balkat i.e. Batai, due to which the aforesaid accused appellants were having grudge against them and they have killed Ram Narain.