VED RAM Vs. STATE OF U P

JUDGEMENT

(1.) Nine persons were put to trial in Sessions Trial No. 422 of 1979 before the Additional Sessions Judge, Bareilly. They were Ved Ram, Kishan Lal, Tundi, Siya Ram, Niranjan, Chhatrapal, Dal Chand, Rampal and Dharampal. The last two Rampal and Dharampal are real brothers being the sons of Punni. The appellants were tried for the double murder of Chet Ram and his brother Raghu Nath. The trial Court found them guilty of the offence under Section 302 read with Section 149, I.P.C. and sentenced each of them to life imprisonment. Chhatrapal, Dalchand, Rampal and Dharampal were also convicted under Section 147, I.P.C. and sentenced to rigorous imprisonment for one year. The remaining five, namely, Ved Ram, Kishan Lal, Tundi Siva Ram and Niranjan were convicted for the offence of rioting under Section 148, I.P.C. and each sentenced to 1 years rigorous imprisonment. All the sentences were ordered to run concurrently by the judgment dated 27th Feb. 1981 which is impugned in this appeal.

(2.) The occurrence had taken place on 19-7-1979 between 8 a.m. and 9.30 a.m. in village Shivpuri, Police Station Sirauli, District Bareilly and the F.I.R. was lodged the same day at 3.15 pm. by Jhamman Lal (brother of deceased) PW 1, an eyewitness. The distance of the Police Station from the place of occurrence was about 6 Kms. The occurrence occurred in two parts. In the first part, Chetram was murdered and the murder of Raghunath took place in the second part of the incident. The two murders were committed in the chain of the same transaction.

(3.) The broad essentials of the prosecution case as per the F.I.R. and the evidence adduced in the Court may be noted. Ved Ram, Kishan Lal and Tundi were allegedly armed with Gandasa, Siya Ram and Niranjan each was armed with spear and the rest had lathis, Sukhdei mother of the appellant Ved Ram was living with the deceased Chetram for the last 15-16 years as his wife. Jhamman Lal PW 1 filed a case against the accused Dal Chand, Siya Ram Nathoo and others for their having encroached upon his agricultural land. Mihi Lal father of the accused Dal Chand had filed a case against Jhamman Lal P.W. 1 and his deceased brothers Chet Ram and Raghunath as also one Mangali in connection with the fracture of wrist. 21-7-1979 was the date fixed for the hearing of that case. The accused Kishan Lal had filed a complaint against Jhamman Lal P.W. 1 and Raghunath for committing mischief by arson but the same resulted in acquittal. For the said reasons, the accused harboured enmity against Jhamman Lal P.W. 1 and his brothers.