RAM SHANKAR Vs. STATE OF U P

JUDGEMENT

(1.) INSTANT Criminal Appeal has been preferred against order of conviction and sentence dated 30 -6 -1981 passed by 3rd Additional Sessions Judge, Shahjahanpur, in ST No. 418 of 1980, State of U.P. v. Ram Shanker and others, by which the appellants Ram Shanker son of Chhottey Lal, Ram Bharose, Dharmendra, Om Prakash, Satish, Ram Shanker son of Rudra Prasad and Pappu alias Suresh were held guilty under Sections 148, 452 and 302 read with Section 149 IPC and each of them was sentenced to undergo R.I. of 18 months, 18 months and life imprisonment, respectively. The sentences were directed to run concurrently.

(2.) THE appellant No. 2, Ram Bharosey and appellant No. 6, Ram Shanker son of Rudra Prasad died during pendency of the appeal, hence the appeal filed by them stood abated. Rest appellants are on bail.

(3.) ACCORDING to prosecution all the accused -appellants were residents of village Parawnia, police station Jaitipur, District Shahjahanpur. Informant Mewa Ram was also resident of the same village. About 1 -1/2 or 2 years before this occurrence, the appellant Ram Shanker son of Chhotey Lal had lodged an FIR against Dinesh Kumar, Ram Rakshpal, Rampal and Girish Kumar, sons of complainant Mewa Ram under Section 307 IPC. All these four sons of the informant were convicted in that case. They had preferred an appeal and were on bail. The accused -appellants took it in bad taste and were nursing bad blood against the informant and his sons. Besides, there was dispute relating to a house between Shri Krishna father of accused Pappu and the informant with his four sons and litigation had taken place under Section 107 Cr. P.C.