RAGHUNATH PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal, by six accused, namely, Raghunath Prasad, Ram Singh, Balak Ram, Net Ram, Ved Ram and Ram Swarup, is directed against the judgment and order dated 25/3/1980 passed by Sri B.K. Misra, the then II Additional Sessions Judge, Shahjahanpur in S.T. No. 280 of 1979 whereby he convicted Raghunath Prasad and Ram Singh under Section 148 I.P.C. and sentenced them to suffer rigorous imprisonment for a period of two years. The remaining four accused were convicted under Section 147 I.P.C. and were sentenced to undergo rigorous imprisonment for a term of one year. All the six accused were found guilty under Section 302 I.P.C. read with Section 149 I.P.C. and were sentenced to suffer imprisonment for life. All the sentences were directed to run con-currently.

(2.) Briefly stated, the facts of the case giving rise to this appeal are as under: P.W. 1 Sita Ram, son of Bhikam and Sewa Ram, the deceased, were real brothers. About twenty years ago, Ram Dayal, a co-villager of Sewa Ram, was murdered and Raghunath Prasad and others were prosecuted for committing the murder. One Jeet, who happened to be uncle of Sewa Ram, had appeared as a prosecution witness in the said murder case. Since then Raghunath Prasad and members of his family were annoyed.

(3.) Accused Raghunath Prasad, Net Ram and Ved Ram are co-villagers of the informant (Sewa Ram). Ram Singh and Balak Ram lived in village Naugawan and Ram Swarup is a resident of village Garriya. All the accused had formed a group.