CHANDRA BHAN Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 6 -2 -1981 passed by Sri A.B. Hajela, the then III Addl. Sessions Judge, Etah in S.T. No. 736 of 1978, whereby he convicted appellants Chandra Bhan, Ram Gopal and Amar Singh under Section 148 IPC and Section 302/149 IPC and sentenced them to one year's R.I. for the former offence and life imprisonment for the latter. By the same judgment, the trial Court further convicted appellants Neksey alias Ram Chandra and Khacher under Section 147 IPC and Section 302/149 IPC sentencing each of them to six months' R.I. for the first offence and life imprisonment for the second one. Both of them died during the pendency of appeal, which abated respecting them under order dated 22 -4 -2004.

(2.) ACCORDING to the prosecution case on 14 -8 -78 at about 6.30 a.m., the deceased Ram Narayan Lal was going to dispose of cow dung at the Ghure (garbage throwing place). The first informant Ram Prakash, real brother of the deceased was sitting at his door. Appellant Khacher was already waiting for the deceased at Rahat Ki Pat. As soon as the deceased turned in the lane towards the Ghure and reached near Devisthan, appellant Khacher followed him surreptitiously. This created suspicion in the mind of the first informant and he followed him. When he was at a distance of 10 -15 paces, appellant Khacher caught hold of the deceased. In the meanwhile, Chandra Bhan armed with single barrel gun Ram Gopal and Amar Singh armed with country made pistols, Shiv Charar armed with a revolver and Neksey armed with a Lathi came there from the house of Khacher. All the accused forcibly took the deceased towards western side. On the alarm raised by the first informant and the victim, Bechey Lal, Lal a Ram and others also arrived. Then the accused Shiv Charan and Nekesy exhorted to kill the deceased. Upon their exhortation, accused Chandra Bhan, Ram Gopal and Amar Singh fired from their weapons, which hit the deceased and thereafter the accused fled towards the chak road in the western side. Enmity between the parties was alleged in the F.I.R. since the election of village Pradhan. The F.I.R. of the incident was written by the first informant at his house and he lodged the same at 8.05 a.m. at the police station Sidpura which was situated at a distance of 6 kms from the place of the incident. It may be stated for the sake of clarity that the accused Shiv Charan Lal died before his trial.

(3.) P .W. 6, Dr. P.K. Jain conducted the post mortem examination on the dead body of the deceased on 15th August, 1978 at 9 a.m. The doctor opined that the deceased was aged about 42 years and about one day had passed since he died. He found the following ante mortem injuries on the dead body: