RAM SAJIWAN Vs. STATE OF U P

JUDGEMENT

(1.) The appellants, namely, Ram Sajeevan, Ram Kishore, Hem Chand and his father Daya Shanker challenge the judgement and order dated 31.10.1981 passed by Sri L.S. Shukla, the then VI Additional Sessions Judge, Fatehpur in S.T. No. 204 of 1979. All of them have been convicted under Section 302 read with Section 149 I.P.C. and sentenced to life imprisonment. Ram Sajeevan and Daya Shanker have further been convicted under Section 147 I.P.C. with one year's rigorous imprisonment. The remaining two Ram Kishore and Hem Chand have been convicted under Section 148 I.P.C. with 1 1/2" years' rigorous imprisonment. Ram Sajeevan has also been convicted under Section 323 read with Section 149 I.P.C. and sentenced to nine months' rigorous imprisonment. One Chandra Pal was also tried with the accused-appellants but he was acquitted. There was another accused Bansh Gopal who had died during the trial.

(2.) A co-accused Lajji was also convicted and sentenced for various terms. He filed separate Criminal Appeal No. 2609 of 1981. He died during the pendency of appeal and that appeal abated under order dated 14 7.2004

(3.) One Shambhoo Dayal died in the incident and Om Prakash PW 4 son of deceased Shambhoo Dayal sustained injuries. The incident took place in between the night dated 24/25.3. 1979 at about 1 O' clock at the Chabutara outside the house of the deceased in village-Godaha hamlet of Chandpur, Police Station Chandpur, District Fatehpur and report was lodged on 25.3.19/9 at 3.30 A.M. by Mewa Lal PW 3 brother of the deceased.