BABOO RAM Vs. STATE OF U P

JUDGEMENT

(1.) INSTANT appeal has been preferred against order of conviction and sentence dated 22 -9 -1981 passed by Shri R.P. Mishra, IV Additional Sessions Judge, Basti in Session Trial No. 103 of 1981 by which Baboo Ram and Dashrath has been convicted under Section 307 read with Section 114 I.P.C. and Raja Ram has been convicted under Section 307 I.P.C and each one of them has been sentenced to undergo three years R.I.

(2.) HEARD Sri G.S. Chaturvedi, Sri Samit Gopal and Sri Bhim Singh, learned counsel for the appellants and Sri Rahul Srivastava, learned A.G.A. and have gone through the record.

(3.) ACCORDING to prosecution, the complainant Bhagwati Prasad is resident of village Hadia, P.S. Kotwali of District Basti. One bishwa of land was given by him to accused Baboo Ram free of cost. The accused appellant Baboo Ram raised a house on the said land and further encroached upon the land of the complainant on which objection was raised. So the accused were nursing bad blood against Bhagwati Prasad. Having this motive, the appellants Baboo Ram, Raja Ram and Dashrath went to the place where Bhagwati Prasad was sleeping in the night of 17/18 June, 1979. His brother Lal Bahadur and son Budhi Ram and his father Baijnath were also sleeping there. At about 12.30 a.m. in the midnight Bhagwati Prasad got awakened and flashed torch and saw appellants standing near his cot. He raised objection about their presence. Thereupon Lal Bahadur and Budhiram also got awakened. In the meantime, accused Baboo Ram and Dasrath exhorted accused Raja Ram to fire at him. Thereupon accused Raja Ram opened fire at the complainant with country made pistol. The complainant Bhagwati Prasad tried to run away, but in the meantime, he suffered fire arm injuries at his back. He raised alarm on which several persons reached the place. The accused were successful in making their escape good.